Mealey's Employment

  • July 09, 2020

    Cannery: Release Offered To Quarantined Workers Was Fair Settlement Offer

    SAN FRANCISCO — The owner of an Alaskan cannery accused in a class complaint filed in a California court of forcing seasonal seafood processing workers to quarantine in a hotel without pay argues in a July 6 opposition that the release it provided the potential workers was a “fair and noncoercive” settlement offer and did not have a “chilling effect” on participation (Jane Doe, et al. v. North Pacific Seafoods, Inc., et al., No. CGC-20-585097, Calif. Super., San Francisco Co.).

  • July 09, 2020

    Class Complaint Accuses McDonald’s Franchisee Of Biometric Data Collection

    WAUKEGAN, Ill. — The use by the owner of several McDonald’s franchises in Lake County, Ill., of a fingerprint scan to monitor employees’ work time is violating Illinois law by collecting, using, storing and disclosing employees’ biometric data, and a showing of actual damages is not necessary for a successful claim, a former employee alleges in her July 6 class complaint filed in the Lake County Circuit Court (Joanna Currie, et al. v. McEssy Investment Company, No. 2020CH04825, Ill. Cir., Lake Co.).

  • July 09, 2020

    Split 4th Circuit Upholds Judgment For Employer After Jury Ruled For Employee

    RICHMOND, Va. — A trial court did not err when it granted an employer’s motion for judgment as a matter of law following a jury verdict for an employee in a Family and Medical Leave Act (FMLA) case as the employee failed to sufficiently show that her firing was pretext for retaliation, a split Fourth Circuit U.S. Court of Appeals panel ruled July 1 (Arlene Fry v. Rand Construction Corporation, No. 18-2083, 4th Cir., 2020 U.S. App. LEXIS 20584).

  • July 09, 2020

    7th Circuit Denies Age Bias Claims Based On Non-Promotion, Hostile Environment

    CHICAGO — A Seventh Circuit U.S. Court of Appeals panel on July 1 affirmed a trial court’s summary judgment ruling for Chicago on Age Discrimination in Employment Act (ADEA) claims by a worker based on non-promotion and a hostile work environment (Romuald Tyburski v. City of Chicago, No. 18-3000, 7th Cir., 2020 U.S. App. LEXIS 20540).

  • July 09, 2020

    Worker Claims Employer Violated FMLA By Firing Him After COVID-19 Diagnosis

    GAINESVILLE, Ga. — A Georgia poultry producer violated the Family and Medical Leave Act (FMLA) when it fired a worker after he took time off to recover from COVID-19 caused by the novel coronavirus, the former employee claims in his June 18 complaint filed in a federal court in Georgia (Ernesto Lopez v. Fieldale Farms Corporation, No. 20-149, N.D. Ga.).

  • July 09, 2020

    Mail Ballot Election Ordered In Connecticut Nursing Facility Due To Coronavirus

    HARTFORD, Conn. — A mail ballot union election at a Connecticut nursing home was ordered in a June 15 decision and direction of election signed by the National Labor Relations Board Subregion 24 officer-in-charge based on the continuing spread of COVID-19, the disease caused by the novel coronavirus, at the facility (Elm Hill Nursing Center, Inc. and New England Healthcare Employees Union, No. 01-RC-260957, NLRB). 

  • July 09, 2020

    3rd Circuit: Simultaneous SSDI And Age, Disability Bias Claims Can’t Coexist

    PHILADELPHIA — A temporary worker who represented in an application for Social Security disability insurance (SSDI) benefits that he was unable to work during a time when he was still working a temporary job can’t at the same time claim age and disability discrimination for not being hired as a permanent employee, a Third Circuit U.S. Court of Appeals panel ruled June 10 in a per curiam opinion (Hans C. Ehnert v. Washington Penn Plastic Co., Inc., et al., No. 18-364, 3rd Cir., 2020 U.S. App. LEXIS 18225).

  • July 09, 2020

    Cisco, Managers Sued By California Agency For Caste-Based Bias, Retaliation

    SAN JOSE, Calif. — Cisco Systems Inc. and two of its managers engaged in discrimination, harassment and retaliation against an engineer based on his caste, the California Department of Fair Employment and Housing (DFEH) alleges in a complaint filed June 30 in a federal court in that state (California Department of Fair Employment and Housing v. Cisco Systems, Inc., et al., No. 20-4374, N.D. Calif.).

  • July 09, 2020

    Alaska High Court: Employer Must Provide Periodic Exams For Injury

    ANCHORAGE, Alaska — The former employer of an Alaskan worker must provide occasional surveillance examinations of a former worker’s elbow that he injured on the job “until another cause displaces the work injury as the substantial cause of the need for . . . continuing treatment,” the Alaska Supreme Court ruled June 19 (Kiel L. Cavitt v. D&D Services, LLC, et al., No. S-17441, Alaska Sup., 2020 Alas. LEXIS 72).

  • July 08, 2020

    Split 11th Circuit Finds Costco’s Devices, Training Were Sufficient For Deaf Worker

    ATLANTA — A warehouse club chain appropriately responded to communication issues raised by a deaf employee when it installed two communication devices in the warehouse where she worked and provided deaf-culture training, a divided 11th Circuit U.S. Court of Appeals panel ruled July 6, affirming the trial court’s judgment after a jury returned a verdict for the employee on her failure to accommodate claim (Christine D’Onofrio v. Costco Wholesale Corporation, No. 19-10663, 11th Cir., 2020 U.S. App. LEXIS 20869).

  • July 08, 2020

    Split High Court:  1st Amendment Forecloses Catholic School Teachers’ Bias Claims

    WASHINGTON, D.C. — Two Catholic school teachers are foreclosed from bringing their age and disability bias claims against their former employers as they fall within the “ministerial exception” adopted in Hosanna-Tabor v. EEOC, a divided U.S. Supreme Court ruled July 8 in two consolidated cases (Our Lady of Guadalupe School v. Agnes Morrissey-Berru, No. 19-267, St. James School v. Darryl Biel, No. 19-348, U.S. Sup., 2020 U.S. LEXIS 3547).

  • July 07, 2020

    8th Circuit Reinstates Gay Applicant’s Title VII Suit Based On Bostock

    ST. LOUIS — A job applicant who was solicited to apply for a vice president position and offered the job, only to have the offer revoked just days after revealing that he had a male partner, may proceed with his Title VII of the Civil Rights Act of 1964 claims in light of the U.S. Supreme Court’s recent ruling in Bostock v. Clayton Cty., an Eighth Circuit U.S. Court of Appeals panel ruled July 6 (Mark Horton v. Midwest Geriatric Management, LLC, No. 18-1104, 8th Cir., 2020 U.S. App. LEXIS 20935).

  • July 07, 2020

    Split 9th Circuit: Wrong Standard Applied In ADA Summary Judgment Ruling

    SAN FRANCISCO — A divided Ninth Circuit U.S. Court of Appeals panel on July 2 reversed summary judgment for an employer in a disability discrimination suit, finding that the District Court’s holding that the hotel failed to engage in the interactive process in good faith and its ruling for that hotel did “not appear to be internally consistent” (Jorge Rosales v. Bellagio, LLC, No. 19-15574, 9th Cir., 2020 U.S. App. LEXIS 20816).

  • July 07, 2020

    4th Circuit Upholds $5.4 Million Award For Loading Accident That Crushed Man’s Foot

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on June 26 rejected a transportation company’s bid to overturn $5.4 million jury award to a man whose foot was crushed by a falling 2,000-pound metal rod while he was helping load a truck.  It affirmed a lower court’s refusal to grant a new trial, holding that any jury instruction errors were harmless (Richard Edwards Jr. v. Cardinal Transport Inc., No. 19-1034, 4th Cir., 2020 U.S. App. LEXIS 20041).

  • July 02, 2020

    U.S. High Court Denies Superintendent’s Petition In Equal Pay Lawsuit

    WASHINGTON, D.C. — The U.S. Supreme Court on July 2 denied a petition for a writ of certiorari filed by a California superintendent asking the high court to weigh in on whether prior salary is a permittable reason to pay a female employee less than her male counterparts (Jim Yovino, Fresno County Superintendent of Schools v. Aileen Rizo, No. 19-1176, U.S. Sup.).

  • July 02, 2020

    U.S. High Court Takes Up Appeals By Nestle, Cargill In Child Slaves’ Suit

    WASHINGTON, D.C. — The U.S. Supreme Court on July 2 granted petitions for a writ of certiorari filed by Nestle USA Inc. and Cargill Inc. seeking to challenge the Ninth Circuit U.S. Court of Appeals ruling that former cocoa farms’ child slaves had Article III of the U.S. Constitution standing to bring claims of aiding and abetting slave labor in violation of the Alien Tort Statute (ATS) and consolidated the two cases (Nestle USA, Inc. v. John Doe I, et al., No. 19-416, Cargill, Incorporated v. John Doe I, et al., No. 19-453, U.S. Sup.).

  • July 02, 2020

    Former Employee Of Franchisee Is Entitled To Overtime Pay, Magistrate Says

    SAN FRANCISCO — A California federal magistrate judge on June 30 partially granted a former employee’s motion for summary judgment against a franchisee after determining that the former employee met his burden of showing that he is entitled to overtime pay for hours worked in excess of eight hours per day (Decatuer Carter v. Jai-Put Enterprise Inc., et al., No. 18-6313, N.D. Calif., 2020 U.S. Dist. LEXIS 114299).

  • July 01, 2020

    Female Soccer Players’ Request To Appeal Pay Bias Class Claims Denied

    LOS ANGELES — A federal judge in California on June 23 denied a request by professional female soccer players to certify portions of a May 1 summary judgment order to allow them to immediately appeal the ruling against them on their pay discrimination class claims, ruling that “the administrative interests and equities” did weigh in favor of such a ruling (Alex Morgan, et al. v. United States Soccer Federation, Inc., No. 19-1717, C.D. Calif.).

  • July 01, 2020

    Class, Collective Complaint: PPP Money Used For Pay Changes That Violate Laws

    COLUMBUS, Ohio — Nine Ohio restaurants used money from the Paycheck Protection Program (PPP) to implement a new pay scheme that violates state and federal wage-and-hour laws, one employee claims in a June 19 first amended complaint filed in a federal court in Ohio (Kelsey Smith, et al. v. Local Cantina, LLC, et al., No. 20-3064, S.D. Ohio).

  • July 01, 2020

    Kentucky Federal Judge Dismisses Suit Over Theft Of Employees’ Personal Data

    COVINGTON, Ky. — A federal judge in Kentucky on June 26 dismissed two class claims under the Fair Credit Reporting Act (FCRA) brought against employers by employees after their personal information was stolen, finding that the employers are not consumer reporting agencies (CRAs), and declined to exercise supplemental jurisdiction over state law claims (Keram J. Christensen, et al. v. Saint Elizabeth Medical Center, Inc., et al., No. 19-43, E.D. Ky., 2020 U.S. Dist. LEXIS 112353).