Mealey's Employment

  • June 26, 2017

    NLRB ALJ: Texas Charter School Is Exempt From NLRA Jurisdiction

    COPPELL, Texas — A Texas charter school is a political subdivision of the state and is exempt from the National Labor Relation Act’s (NLRA) jurisdiction, a National Labor Relations Board administrative law judge (ALJ) ruled June 21 (LTTS Charter School, Inc. d/b/a Universal Academy and Kimberly Free, No. 16-CA-170669, NLRB).

  • June 26, 2017

    U.S. High Court Will Decide On Reach Of Dodd-Frank’s Whistleblower Provision

    WASHINGTON, D.C. — The U.S. Supreme Court on June 26 agreed to decide whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010’s whistleblower provision extends to individuals who have not reported the alleged misconduct to the Securities and Exchange Commission (Digital Realty Trust, Inc. v. Paul Somers, No. 16-1276, U.S. Sup.).

  • June 23, 2017

    7th Circuit: Claim Of Race Bias Under Little-Used Statute Must Show Adverse Action

    CHICAGO — A racial bias claim brought by the Equal Employment Opportunity Commission on behalf of a sales manager who claimed that he was transferred out of a particular store because he was a different race than the surrounding neighborhood fails as the claimant must show an action that adversely affected his employment status, a Seventh Circuit U.S. Court of Appeals panel ruled June 20 (United States Equal Employment Opportunity Commission v. AutoZone, Inc., et al., No. 15-3201, 7th Cir., 2017 U.S. App. LEXIS 10903).

  • June 23, 2017

    Split High Court: District Court Must Review ‘Mixed’ Civil Service Case

    WASHINGTON, D.C. — Review of a dismissal of a mixed case by the Merit Systems Protection Board (MSPB) where, like the present case, an employee complains of adverse action prompted at least in part by the employing agency’s violation of federal anti-discrimination laws must occur in the district court, rather than the Federal Circuit U.S. Court of Appeals, a U.S. Supreme Court majority ruled June 23 (Anthony W. Perry v. Merit Systems Protection Board, No. 16-399, U.S. Sup.).

  • June 22, 2017

    Summary Judgment, Conditional Certification Denied In Attorney’s Bias Suit

    NEW YORK — A New York federal judge on June 14 denied numerous motions in a gender bias suit brought by a former Chadbourne & Parke LLP partner, including one for summary judgment and one for conditional certification of a collective action under the Equal Pay Act, finding that additional discovery must occur (Kerrie Campbell, et al. v. Chadbourne & Parke LLP, et al., No. 16-6832, S.D. N.Y., 2017 U.S. Dist. LEXIS 91289).

  • June 22, 2017

    Victoria’s Secret Agrees To Settle Call-In Scheduling Dispute For $12 Million

    LOS ANGELES — Former employees suing Victoria’s Secret Stores LLC (VS) for violating California’s reporting time law moved in the U.S. District Court for the Central District of California on June 8 for preliminary approval of a $12 million class action settlement (Mayra Casas, et al. v. Victoria’s Secret Stores, LLC, et al., No. 14-6412, C.D. Calif.).

  • June 20, 2017

    DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal

    WASHINGTON, D.C. — The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had previously filed a petition for a writ of certiorari on behalf of the National Labor Relations Board in one of the cases, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup. (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).

  • June 20, 2017

    New York City Mayor Signs ‘Fair Workweek’ Legislative Package

    NEW YORK — New York City Mayor Bill de Blasio on May 30 signed into law a “Fair Workweek” legislative package that is designed to ensure predictability of schedules and paychecks for workers in the city fast food and retail industries.

  • June 20, 2017

    EEOC Sues Georgia KFC Franchise, Alleging Disability Discrimination

    ATLANTA — The Equal Employment Opportunity Commission on June 7 filed a lawsuit in Georgia federal court alleging that a Kentucky Fried Chicken restaurant franchise in Dublin, Ga., violated federal law by discriminating against an employee after the owner found out that she was taking medications prescribed by her doctor for bipolar disorder (Equal Employment Opportunity Commission v. Hester Foods Inc., d/b/a Kentucky Fried Chicken, No. 37-cv-00034, S.D. Ga.).

  • June 19, 2017

    U.S. High Court Denies Certiorari In Macy’s Bargaining Appeal

    WASHINGTON, D.C. — The U.S. Supreme Court on June 19 denied a petition for writ of certiorari filed by Macy’s Inc., seeking a ruling on “[w]hether the National Labor Relations Board must explain the legal significance of factual distinctions between included and excluded employees when deciding if a petitioned-for ‘unit [is] appropriate for collective bargaining’” (Macy’s Inc. v. National Labor Relations Board, No. 16-1016, U.S. Sup.).

  • June 16, 2017

    3rd Circuit Panel Affirms Company Didn’t Intend For Health Benefits To Vest

    PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on June 15 affirmed summary judgment for Johnson Controls Inc. in an Employee Income Retirement Act lawsuit, saying that language in collective bargaining agreements (CBAs) and insurance booklets indicates that the company never intended for retirees’ health insurance benefits to vest (William Grove Sr., et al. v. Johnson Controls Inc., et al., No. 16-2178, 3rd Cir., 2017 U.S. App. LEXIS 10615).

  • June 16, 2017

    Illinois Federal Judge: Woman’s ADEA Claims Not Adverse Employment Actions

    CHICAGO — An Illinois federal judge on June 15 granted the Illinois Department of Human Services’ motion for summary judgment in an Age Discrimination in Employment Act (ADEA) lawsuit, saying the plaintiff failed to show that any of the claims she alleged constituted a materially adverse employment action (Diannah Evans v. Illinois Department of Human Services, No. 15-cv-4098, N.D. Ill., Eastern Div., 2017 U.S. Dist. LEXIS 91908).

  • June 15, 2017

    Father Denied Parental Leave Request Files Discrimination Charge Against Employer

    COLUMBUS, Ohio — A man who claims that J.P. Morgan Chase Co. (JPMC) violated Title VII of the Civil Rights Act and Ohio Fair Employment Practices Act by denying his request for parental leave on the ground that only women can be primary caregivers for children on June 14 filed a charge asking the Ohio Equal Employment Opportunity Commission to investigate his allegations on a classwide basis.

  • June 15, 2017

    Illinois Federal Judge Conditionally Certifies Restaurant Workers’ Action

    CHICAGO — An Illinois federal judge on June 7 conditionally certified a Fair Labor Standards Act (FLSA) collective action brought by Buffalo Wild Wings (BWW) restaurant workers, saying the plaintiffs make a modest showing that the defendants’ BWW franchises had a common policy or practice of requiring bartenders and servers to perform non-tipped maintenance or janitorial duties that are not related to their occupations (Lindsay Grosscup, et al. v. KPW Management Inc., et al., No. 16-cv-06501, N.D. Ill., 2017 U.S. Dist. LEXIS 87014).

  • June 15, 2017

    Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims

    SAN DIEGO — After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).

  • June 15, 2017

    City Colleges Of Chicago Settles EEOC Age Bias Lawsuit For $60,000

    CHICAGO — City Colleges of Chicago will pay $60,000 to settle a federal age discrimination lawsuit filed by the U.S. Equal Employment Opportunity Commission on behalf of a 66-year-old adjunct professor who was passed over for a full-time faculty position because of her age, the EEOC announced in a June 14 press release (Equal Employment Opportunity Commission v. City Colleges of Chicago d/b/a Harold Washington College, No. 1:14-cv-5864, N.D. Ill.).

  • June 15, 2017

    Former School Employee’s Age Discrimination Suit Survives Judgment Motion

    ORLANDO, Fla. — A woman who alleges that her age was the motivating factor in a decision to not renew her employment contract has established a prima facie case of age discrimination, a Florida federal judge ruled June 12, finding that genuine issues of fact precluded granting her former employer’s motion for summary judgment (Carmel Saxon v. Seminole County Public Schools, No. 6:15-cv-01854, M.D. Fla., 2017 U.S. Dist. LEXIS 89663).

  • June 13, 2017

    Judge Approves Proposed Settlement For Class Members, FLSA Collective Members

    NEWARK, N.J. — A New Jersey federal judge on June 9 granted final approval of a proposed settlement as fair, reasonable and adequate for class members and Fair Labor Standards Act (FLSA) collective members, further approving $450,000 in class counsel fees and costs and a $10,000 service award to the named plaintiff (Juan Luna Dominguez, et al. v. Galaxy Recycling Inc., et al., No. 12-7521, D. N.J., 2017 U.S. Dist. LEXIS 88855).

  • June 13, 2017

    Respondents: High Court Should Deny Certiorari In Age Discrimination Case

    WASHINGTON, D.C. — In a June 5 brief, respondents contend that the U.S. Supreme Court should deny a petition for writ of certiorari asking the high court to determine whether a state law age discrimination claim relating to employee benefits that is untimely under the Age Discrimination in Employment Act (ADEA) is preempted by the Employee Retirement Income Security Act, saying a Sixth Circuit U.S. Court of Appeals decision is entirely consistent with Supreme Court precedent and all other lower court decisions on ERISA preemption and presents no important issue of federal law (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 1990).

  • June 13, 2017

    Federal Judge Partly Denies Motion To Conditionally Certify FLSA Collective Action

    SAN JOSE, Calif. — A California federal judge on June 9 granted in part and denied in part a retired bus driver’s motion to conditionally certify a collective action under the Fair Labor Standards Act (FLSA) (Robert Estorga v. Santa Clara Valley Transportation Authority, No. 16-02668, N.D. Calif., 2017 U.S. Dist. LEXIS 89200).