Mealey's Employment

  • May 14, 2021

    Union, State Officials Argue Against High Court Review Of Union Dues Questions

    WASHINGTON, D.C. — In two separate briefs filed May 12, a union and Washington state officials seek denial of a petition for a writ of certiorari filed by Washington employees challenging the deduction of union dues for a contracted period of time after the employees terminated their memberships in light of the ruling in Janus v. American Federation of State, County, and Municipal Employees, Council 31.

  • May 13, 2021

    Petitioners Ask U.S. High Court To Take Up Religion Clause Tort Claims Dispute

    WASHINGTON, D.C. — The U.S. Supreme Court has jurisdiction to decide how the First Amendment’s religion clause applies to tort claims, an issue on which courts are divided, a couple argues in a May 10 reply brief filed in support of their petition for a writ of certiorari, adding that their petition should be granted regardless of whether the court decides to grant review in another case concerning defamation, The North American Mission Board of the Southern Baptist Convention, Inc. v. Will McRaney.

  • May 13, 2021

    Magistrate: Expert On Future Earnings Should Be Allowed In Discrimination Case

    MIAMI — A federal magistrate judge in Florida on May 6 filed a report recommending that the judge overseeing a case in which a woman claims that she faced discrimination based on her military status deny her former employer’s motion to exclude her expert witness, finding that factual assumptions at this stage of the case do not necessitate exclusion of a witness.

  • May 13, 2021

    California Seeks To Dismiss Franchise Groups’ Suit Over Independent Contractor Test

    SAN DIEGO — The state of California on April 30 moved to dismiss an amended complaint filed by four franchising-related associations challenging the constitutionality of the state’s “ABC Test” to determine whether a worker is an employee or independent contractor.  The state argues to a federal court that the associations fail to allege a case or controversy and lack standing.

  • May 13, 2021

    3rd Circuit Affirms Employer Wins On ERISA Counterclaims, FMLA Retaliation Claim

    PHILADELPHIA — A federal district court correctly granted summary judgment on a counterclaim for equitable disgorgement of Employee Retirement Income Security Act-governed incentive investment plan payments against a former employee who violated the plan’s noncompete provision, the Third Circuit U.S. Court of Appeals ruled May 7, also affirming the court’s grant of summary judgment in the employer’s favor on a Family and Medical Leave Act (FMLA) retaliation claim and other orders challenged by the employee.

  • May 13, 2021

    9th Circuit: Employee Agreed To Arbitrate Bias, Civil Rights Claims

    SAN FRANCISCO — An investment banker knowingly agreed to arbitrate her bias and civil rights claim against her former employer when she signed an employment agreement that used “explicit language” and “clear terms,” a Ninth Circuit U.S. Court of Appeals panel ruled April 14, reversing a trial’s court decision that those claims could proceed.

  • May 13, 2021

    Pa. High Court: ‘No Poach’ Clause In Shipping Business Contract Unenforceable

    PITTSBURGH — A no-hire provision ancillary to a services contract between a logistics provider and a shipping company is unenforceable because it unreasonably restrains trade, the Pennsylvania Supreme Court ruled April 29 in an issue it noted was one of first impression.

  • May 12, 2021

    Former Store Manager Argues Against ADA Review By U.S. High Court

    WASHINGTON, D.C. — The First Circuit U.S. Court of Appeals did not err or create a conflict with other circuits when it found that the Americans with Disabilities Act (ADA) protections extend to employees with disabilities that make their jobs harder to perform, a former store manager argues in his brief filed on May 10 in the U.S. Supreme Court opposing his former employer’s petition for a writ of certiorari.

  • May 12, 2021

    Discovery, GDPR Raised In High Court Appeal In Age Discrimination Employment Row

    WASHINGTON, D.C. — In an April 26 reply brief supporting its petition for certiorari, a U.S.-based company tells the U.S. Supreme Court that an underlying Ohio state court discovery ruling against it would cause it to violate the stringent personal privacy protections of the European Union’s General Data Protection Regulation (GDPR), asking the high court to offer guidance as to how discovery in U.S. courts should interact with foreign privacy laws.

  • May 12, 2021

    Federal Judge:  Cyber Charter School Is Covered Employer Under FFCRA

    PHILADELPHIA — A Pennsylvania-based cyber charter school is a covered employer under the Emergency Family and Medical Leave Expansion Act (EFMLEA) and the Emergency Paid Sick Leave Act (EPSLA), a federal judge in Pennsylvania ruled May 10 granting a teacher’s motion for partial judgment on the pleadings in a case in which she alleges that she was wrongly denied leave in fall 2020 to care for her children whose brick-and-mortar schools remained closed due to the coronavirus pandemic.

  • May 12, 2021

    4th Circuit Rules On Reassignment Of Disabled Employee To Unwanted Position

    RICHMOND, Va. — A Fourth Circuit U.S. Court of Appeals panel on April 30 vacated a summary judgment ruling for an employer accused of disability bias when it reassigned a disabled employee to a position he did not want, finding that the trial court erred in not considering the employee’s desires when he could still perform the essential functions of his job with or without reasonable accommodation.

  • May 12, 2021

    4th Circuit: Liquidated Damages Must Be Added In Forced Labor Award Against Manager

    RICHMOND, Va. — A nearly $273,000 restitution award under the Fair Labor Standards Act (FLSA) in a criminal case regarding a man forced to work more than 100 hours per week for five years without pay must be doubled, a Fourth Circuit U.S. Court of Appeals panel ruled April 21, finding that the trial court erred in concluding that FLSA liquidated damages apply only in civil cases.

  • May 12, 2021

    High Court Briefs Argue For, Against Review Of Solicitors’ FLSA Status

    WASHINGTON, D.C. — Door-to-door solicitors who were found by the Sixth Circuit U.S. Court of Appeals to not be exempt “outside salesmen” under the Fair Labor Standards Act (FLSA) filed an opposition brief on April 28 in the U.S. Supreme Court, arguing that no review of the decision is necessary as the petitioners’ arguments for review, including an opposite conclusion by another circuit in a case against it, lack merit and the case fails to present an important question or clean vehicle.

  • May 12, 2021

    Supreme Court Grants Limited Extension For Response To Disability Bias Petition

    WASHINGTON, D.C. — The U.S. Supreme Court on April 23 granted an extension of time for a response to be filed in an appeal concerning disability bias, but not the full amount of time sought by the former employee after the petitioner partially opposed the extension, arguing that the requested 45 days appeared “strategically timed to make it impossible for the Court to consider the petition before it rises for the Summer recess.”

  • May 11, 2021

    Federal Judge Won’t Follow DOL Opinion Letter On Approximating Delivery Costs

    DAYTON, Ohio — A federal judge in Ohio on May 7 declined to follow an August U.S. Department of Labor (DOL) opinion letter adopting the “approximation” standard commonly used in the pizza industry for reimbursing delivery drivers for expenses and instead ruled that the employers must pay drivers for their actual expenses or reimburse pursuant to the Internal Revenue Service’s mileage rate.

  • May 10, 2021

    Employer Argues Against U.S. Supreme Court Review Of Free Speech Appeal

    WASHINGTON, D.C. — A Sixth Circuit U.S. Court of Appeals ruling regarding a Metropolitan Government of Nashville and Davidson County, Tenn., (Metro) former employee’s alleged free speech rights for a Facebook post concerning the 2016 presidential election that contained a racial slur does not require Supreme Court review as the appellate panel properly “held that the offensive nature of speech is relevant” when balancing the factors outlined in Pickering v. Bd. of Educ. of Twp. High Sch. Dist., Metro argues in its May 7 brief opposing the former employee’s petition for a writ of certiorari.

  • May 10, 2021

    Amazon Driver Opposes High Court Review Of FAA Exemption

    WASHINGTON, D.C. — A local delivery driver who brought a misclassification class complaint against Amazon.com Inc. and Amazon Logistics Inc. (together, Amazon) filed a response in the U.S. Supreme Court on May 7 arguing that no circuit split exists regarding the scope of the Federal Arbitration Act’s (FAA) exemption for “workers engaged in foreign or interstate commerce” and the First Circuit U.S. Court of Appeals properly held that local drivers fall within the exemption.

  • May 10, 2021

    4th Circuit: Liquidated Damages Must Be Added In Forced Labor Award Against Manager

    RICHMOND, Va. — A nearly $273,000 restitution award under the Fair Labor Standards Act (FLSA) in a criminal case regarding a man forced to work more than 100 hours per week for five years without pay must be doubled, a Fourth Circuit U.S. Court of Appeals panel ruled April 21, finding that the trial court erred in concluding that FLSA liquidated damages apply only in civil cases.

  • May 07, 2021

    Remand Ordered In Employee’s Wage Abuse Class Complaint

    SANTA ANA, Calif. — A federal judge in California on May 6 granted a motion to remand filed by an employee who brought wage abuse class claims against his employers, opining that the employers failed to establish by a preponderance of the evidence that the estimated amounts it stated were in fact in controversy for each of the claims, calling “unreasonable” the employers’ assumption that a meal and rest break violation occurred every day for every member of the proposed class.

  • May 07, 2021

    Burger King Cashier Fired Over Trachea Tube Awarded $2 Million By Florida Jury

    ORLANDO, Fla. — A Florida federal jury awarded a former Burger King cashier more than $2 million in compensatory and punitive damages on May 4, finding that a franchisee of the fast food giant illegally fired her because she had breathing problems and was fitted with a visible trachea tube in her neck.