Mealey's Employment

  • March 27, 2020

    Class Certification Reversed In Workers’ Suit Over Fitness-For-Duty Policy

    OMAHA, Neb. — An Eighth Circuit U.S. Court of Appeals panel on March 24 reversed a trial court’s class certification order in a suit by workers alleging that their employer’s use of a fitness-for-duty policy constitutes disability discrimination, finding that the policy involves individual assessments and is not appropriate for class treatment (Quinton Harris, et al. v. Union Pacific Railroad Company, No. 19-1514, 8th Cir., 2020 U.S. App. LEXIS 9118).

  • March 27, 2020

    Magistrate Judge Denies Dismissal Of Former Tribal Employee’s RICO Action

    BILLINGS, Mont. — A Montana federal magistrate judge on March 23 turned back two requests by the individual operators of a Native American nursing home to dismiss a former employee’s claim that she was fired in violation of the Racketeer Influenced and Corrupt Organizations Act (Tammy Wilhite v. Paul Littlelight, et al., No. 1:19-cv-20, D. Mont., 2020 U.S. Dist. LEXIS 51127).

  • March 27, 2020

    Nike Must Provide Employee Names, Data In Sex Bias Class Action, Magistrate Rules

    PORTLAND, Ore. — An Oregon federal magistrate judge on March 23 granted a motion by a group of former Nike Inc. employees to compel the sporting goods giant to produce employee names and identifying information associated with certain documents that it has already provided in discovery in a sex bias suit against it, with the magistrate finding that a prior ruling and a protective order will guard the employees’ privacy interests (Kelly Cahill, et al. v. Nike, Inc., No. 3:18-cv-01477, D. Ore., 2020 U.S. Dist. LEXIS 49838).

  • March 26, 2020

    Federal Judge Dismisses Employees’ Antitrust Case Against Burger King

    MIAMI — Without sufficient allegations that Burger King Corp. and its franchisees “are separate economic actors for antitrust purposes,” a federal judge in Florida on March 24 dismissed employees’ antitrust lawsuit against the hamburger fast food chain and its franchisees (Jarvis Arrington, et al. v. Burger King Worldwide, Inc., et al., No. 18-24128, S.D. Fla.).

  • March 25, 2020

    Grocery Store Agrees To $60,000 Settlement With EEOC In Race Bias Suit

    ATLANTA — A federal judge in Georgia on March 24 signed off on an agreement between a Georgia grocery store and the Equal Employment Opportunity Commission under which the store will pay $60,000 and provide bias training to end a racial harassment and retaliation lawsuit (Equal Employment Opportunity v. G.N.T., Inc., No. 17-3545, N.D. Ga.).

  • March 25, 2020

    Extended Time Granted For Filing In Antitrust Suit Due To COVID-19

    SEATTLE — A federal judge in Washington on March 24 granted a joint motion filed by the parties in a lawsuit challenging the city of Seattle’s ordinance concerning the unionizing of taxi and ride-share drivers seeking a 14-day extension for the Chamber of Commerce of the United States of America to produce documents belonging to its members (Chamber of Commerce of the United States of America, et al. v. Seattle, et al., No. 17-370, W.D. Wash.).

  • March 24, 2020

    COVID-19 Causes Motion To Extend Time For Filing In Antitrust Suit

    SEATTLE — The parties in a lawsuit challenging the city of Seattle’s ordinance concerning the unionizing of taxi and ride-share drivers filed a joint motion on March 20 in a Washington federal court seeking a 14-day extension for the Chamber of Commerce of the United States of America to produce documents belonging to its members (Chamber of Commerce of the United States of America, et al. v. Seattle, et al., No. 17-370, W.D. Wash.).

  • March 24, 2020

    Split 9th Circuit Panel Finds Job Applicants Lack Standing For FCRA Class Claims

    PASADENA, Calif. — A divided Ninth Circuit U.S. Court of Appeals panel on March 20 affirmed a summary judgment ruling in a putative class action for an employer accused of violating the Fair Credit Reporting Act (FCRA) by inadequately disclosing its intent to obtain job applicant’s consumer reports and failing to obtain proper authorization, ruling that the job applicants failed to show a concrete injury and so they lack standing under Article III of the U.S. Constitution (Mario Ruiz, et al. v. Shamrock Foods Company, No. 18-56209, 9th Cir., 2020 U.S. App. LEXIS 8824).

  • March 24, 2020

    Bloomberg Campaign Hit With Collective, Class Suit Over Wages, Benefits

    NEW YORK — Mike Bloomberg 2020 Inc., the presidential campaign for Michael Bloomberg, promised campaign field organizers (FOs) and campaign employees pay and health care benefits through November 2020 but breached those promises when the employees were terminated after Bloomberg dropped out of the race on March 4, an FO alleges in collective and class action complaint filed March 23 in the U.S. District Court for the Southern District of New York (Donna Wood, et al. v. Mike Bloomberg 2020, Inc., No. 20-2489, S.D. N.Y.).

  • March 23, 2020

    High Court Denies States’ Oral Argument Request In Ministerial Exception Cases

    WASHINGTON, D.C. — The U.S. Supreme Court on March 23 denied a motion by Virginia and 16 other states seeking for leave to participate in oral arguments as amici curiae and for divided argument and granted a motion seeking the same by the solicitor general, both filed in two consolidated cases concerning the application of ministerial exception to the First Amendment to the U.S. Constitution to bias cases by two teachers against two Catholic schools (Our Lady of Guadalupe School v. Agnes Morrissey-Berru, St. James School v. Darryl Biel, Nos. 19-267 & 19-348, U.S. Sup.).

  • March 20, 2020

    Class Certification Denied, Remand Ordered In Wage Lawsuit Against Converse

    RIVERSIDE, Calif. — A federal judge in California on March 13 denied a class certification motion in a wage suit against Converse Inc. brought under California law, finding that individual issues predominate, and remanded because the basis for removal had been classwide claims (Bryan Madeira, et al. v. Converse, Inc., et al., No. 19-154, C.D. Calif., 2020 U.S. Dist. LEXIS 47712).

  • March 19, 2020

    NLRB Suspends Representation Elections Due To COVID-19

    WASHINGTON, D.C. — The National Labor Relations Board announced on March 19 that it was suspending all representation elections, including mail ballot ones, through April 3 due to the COVID-19 pandemic.

  • March 19, 2020

    NLRB Rejects ALJ’s Application Of Boeing In Baylor Separation Suit

    WASHINGTON, D.C. — The National Labor Relations Board on March 16 dismissed a complaint by a former Baylor University Medical Center employee over the separation agreement she was offered after being fired, holding that the administrative law judge (ALJ) incorrectly applied Boeing Co., 365 NLRB No. 154 (2017), in finding that two of three provisions in the agreement were unlawful (Baylor University Medical Center and Dora S. Camacho, No. 16-CA-195335, NLRB).

  • March 18, 2020

    11th Circuit:  CAFA Local Event Exception Doesn’t Apply To Workers’ Exposure Case

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on March 17 vacated a district court’s remand order in a case by foundry workers alleging hazardous exposure, ruling that the complaint doesn’t fall within the Class Action Fairness Act’s (CAFA) local event exception as it doesn’t concern “a continuous, related course of conduct culminating in one-harm causing event or occurrence” (Kelvin Spencer, et al. v. Specialty Foundry Products Inc., et al., No. 19-14427, 11th Cir., 2020 U.S. App. LEXIS 8341).

  • March 18, 2020

    U.S. High Court Postpones Oral Arguments In Ministerial Exception Case

    WASHINGTON, D.C. — The U.S. Supreme Court on March 16 announced the postponement of oral arguments in several cases over two weeks, including arguments that were scheduled for April 1 in two consolidated cases concerning the application of ministerial exception to the First Amendment to the U.S. Constitution to bias cases by two teachers against two Catholic schools (Our Lady of Guadalupe School v. Agnes Morrissey-Berru, St. James School v. Darryl Biel, Nos. 19-267 & 19-348, U.S. Sup.).

  • March 18, 2020

    Remand Denied In Exit Security Suit As 1 Claim Is Valued At More Than $39M

    SACRAMENTO, Calif. — A class complaint accusing a membership-only warehouse club of violating California wage laws and California Business and Professions Code Section 17200 et seq. by failing to pay workers for time spent going through exit security inspections must stay in federal court as the penalties for one claim alone may go as high as $70 million, a California federal judge ruled March 10, denying the lead plaintiff’s motion to remand (Megan Rough, et al. v. Costco Wholesale Corporation, et al., No. 19-1340, E.D. Calif., 2020 U.S. Dist. LEXIS 41545).

  • March 17, 2020

    Class Certification Granted To Truck Drivers Suing Over Fees, Deductions

    CHICAGO — A federal judge in Illinois on March 5 certified a class of truck drivers who sued a trucking company and its owner under the Truth in Leasing Act (TLA) for allegedly overcharging drivers for certain fees and taking multiple unauthorized deductions from their pay (Hamimi Yata, et al. v. BDJ Trucking Co., et al., No. 17-3503, N.D. Ill., 2020 U.S. Dist. LEXIS 38107).

  • March 17, 2020

    Facebook Files Notice Of Settlement Of Content Moderators’ PTSD Class Claims

    TAMPA, Fla. — The day after a putative class of content moderators moved in Florida federal court for discovery of settlement details in a similar unsafe workplace suit against Facebook Inc., the social network on March 16 filed a notice confirming a proposed settlement in the other case in which moderators purportedly experienced post-traumatic stress disorder (PTSD) from viewing violent and disturbing content, while expressing reluctance to reveal nonfinalized details prior to the filing of a pending preliminary approval motion (Debrynna Garrett, et al. v. Facebook Inc., et al., No. 8:20-cv-00585, M.D. Fla.).

  • March 17, 2020

    Domino’s Franchisee’s Motion To File Wage Settlement Under Seal Denied

    JONESBORO, Ark. — A federal judge in Arkansas on March 13 denied an unopposed motion by a Domino’s Pizza franchisee with locations in Arkansas and Missouri to file a wage collective and class settlement that it reached with delivery drivers under seal and directed the parties to file unredacted documents within 10 days on the public docket if they wish to continue with the settlement (James Ewing v. Pizza Czar Inc., et al., No. 19-232, E.D. Ark., 2020 U.S. Dist. LEXIS 43617).

  • March 16, 2020

    Judge Enjoins Franchisor From Arbitrating Claims In Ohio, Dismisses UCL Claim

    SAN DIEGO — A federal judge in California on March 12 entered a preliminary injunction barring arbitration proceedings in a federal court in Ohio between Matco Tools Corp. and two franchisees who complain that they are being wrongfully treated as independent contractors as opposed to employees, finding that the plaintiffs presented sufficient evidence of the likelihood of success on their argument that provisions in a distribution agreement between the parties may render it unenforceable (Emanuel Aguilera, et al. v. Matco Tools Corp., No. 19-01576, S.D. Calif., 2020 U.S. Dist. LEXIS 43283).