Mealey's Employment

  • August 15, 2022

    Final Settlement Approval Sought In Prisoner’s Class Unemployment Benefits Case

    PORTLAND, Maine — A prisoner who sued in a federal court in Maine on behalf of a class alleging due process rights violations after his work release unemployment benefits provided in the midst of the coronavirus pandemic were halted filed a joint motion with the state defendants on Aug. 10 seeking final approval of a settlement that includes more than $160,000 in payments to the class and an unopposed motion for attorney fees and expenses.

  • August 15, 2022

    U.S. High Court Seeks Response In FAA Exemption Appeal Concerning Truck Drivers

    WASHINGTON, D.C. — The U.S. Supreme Court on Aug. 10 requested a response to a petition for a writ of certiorari by Domino’s Pizza LLC asking the justices to decide whether truck drivers making in-state deliveries are exempt from the Federal Arbitration Act (FAA) under Section 1 as transportation workers engaged in interstate commerce.

  • August 12, 2022

    Professional Female Soccer Players’ $24M Pay Settlement Preliminarily Approved

    PASADENA, Calif. — A $24 million class and collective action settlement between female professional soccer players and  the U.S. Soccer Federation (USSF) for pay gender discrimination was granted preliminary approval by a federal judge in California on Aug. 11.

  • August 11, 2022

    Car Dealer Challenges Default Judgment For DOL In Pandemic Firing Suit

    AUSTIN, Texas — Operators of an Austin, Texas, luxury car dealer who are accused in a federal court in Texas by the secretary of Labor of retaliating against an employee who warned others about potential COVID-19 hazards in the workplace moved on Aug. 9 to set aside entry of a default judgment one day earlier and argued that the circumstances surrounding a recent settlement with the National Labor Relations Board were not properly presented in the secretary’s motion.

  • August 11, 2022

    California High Court Allows Nurse’s Wage Suit Against Hospital After Settlement

    SAN FRANCISCO — The California Supreme Court issued remittitur on Aug. 1 after filing an opinion on June 30 permitting a nurse’s putative class wage suit against a hospital in which she was placed despite her participation in a class wage-and-hour settlement with the staffing agency that placed her there as the hospital was not in privity with the agency.

  • August 10, 2022

    University Defends Vaccine Mandate Requirement In 6th Circuit Appeal

    CINCINNATI — A COVID-19 vaccine mandate policy for Michigan State University (MSU) faculty, staff and students who have what some describe as “naturally acquired immunity” is constitutional and does not “run afoul of the Federal Food, Drug, and Cosmetic Act,” the MSU president and board of trustees argue in an appellee brief filed Aug. 3 in the Sixth Circuit U.S. Court of Appeals.

  • August 10, 2022

    Settlement Administration Modification Permitted In Walmart USERRA Class Case

    BOSTON — A joint motion to modify administration procedures for a more than $10 million Uniformed Services Employment and Reemployment Rights Act (USERRA) class settlement between Walmart Inc. and an employee was allowed in an Aug. 9 docket entry in a federal court in Massachusetts.

  • August 10, 2022

    Split 6th Circuit Sets Causality Standard, Reinstates Worker’s Bias Claims

    CINCINNATI — A federal employee bringing age and disability bias claims under the Age Discrimination in Employment Act (ADEA) and Section 501 of the Rehabilitation Act must show that the bias was the “but-for” cause of an adverse employment act, a split panel of the Sixth Circuit U.S. Court of Appeals ruled July 27 before reversing summary judgment for the employer and remanding the case for a jury to decide.

  • August 10, 2022

    Federal Judge Grants Pilot Class Partial Summary Judgment In Wage Statement Suit

    SAN FRANCISCO — A motion for summary judgment on several claims by United Airlines Inc. pilots in a wage statement class and Private Attorneys General Act (PAGA) lawsuit was partially granted Aug. 7 by a federal judge in California who determined that wage statements lacked total hours worked and applicable rates.

  • August 09, 2022

    Court Officer Safety Pandemic Suit Dismissed With Prejudice For Lack Of Standing

    NEW YORK — A second amended complaint alleging failure to keep court security officers (CSOs) safe from the spread of COVID-19 was dismissed for a second time, this time with prejudice, after a federal judge in New York on July 8 found that the plaintiff, the CSOs’ union president, again failed to establish representative standing.

  • August 09, 2022

    Flight Attendant Seeks More Relief After Jury Verdict In RLA Retaliation Case

    DALLAS — A worker awarded millions by a federal jury in Texas in her retaliation case against Southwest Airlines Co. and a union moved July 26 for entry of judgment on the jury’s verdict and further relief, including reinstatement and prejudgment interest.

  • August 09, 2022

    11th Circuit: Cruise Line Can’t Arbitrate Claims Of Crew ‘Trapped’ During COVID-19

    ATLANTA — An 11th Circuit U.S. Court of Appeals panel on Aug. 5 reversed a district court’s order compelling arbitration of putative class claims for false imprisonment brought by two Filipino ex-crewmembers who allege that a cruise company “trapped” them on a ship for months after the outbreak of COVID-19, finding the crewmembers’ claims for intentional torts outside the scope of their arbitration agreement.

  • August 09, 2022

    DOL Seeks Default Judgment In Pandemic Firing Suit After NLRB Settlement

    AUSTIN, Texas — The secretary of Labor on Aug. 8 filed a motion for default judgment in a federal court in Texas against two of the three defendants in a case accusing the operators of an Austin luxury car dealer of retaliating against an employee who warned others about potential COVID-19 hazards in the workplace, based on their failure to answer the complaint and noting that despite a recent settlement between the National Labor Relations Board and the defendants, back wages, compensatory and/or punitive damages and injunctive relief should still be awarded.

  • August 09, 2022

    Judgment Entered For Pasadena After Jury Verdict In Bias, Retaliation Case

    ALHAMBRA, Calif. — A California judge on July 21 entered judgment following a June 15 jury verdict in favor of Pasadena, Calif., and against an employee of more than three decades who alleged that he was subjected to discrimination and retaliation after being injured at work.

  • August 09, 2022

    Massachusetts Supreme Court: Grubhub Drivers Not Exempt From FAA

    BOSTON — Grubhub Holdings Inc. drivers who deliver takeout food and prepackaged goods do not fall within the Federal Arbitration Act’s (FAA) exemption for “workers engaged in foreign or interstate commerce,” the Massachusetts Supreme Judicial Court ruled July 27.

  • August 05, 2022

    Federal Judge Rejects Former Employee’s Claims To Proceeds Of PPP Loan

    PHILADELPHIA — A former employee of a tourism-based business in Philadelphia that received two Paycheck Protection Program (PPP) loans can’t lay claim to those funds after being fired as the employer “had discretion to spend the proceeds of its PPP loans as it saw fit, as long as it faced the consequences,” a federal judge in Pennsylvania ruled Aug. 3, granting the motion for partial dismissal in the lawsuit that also brings claims for age bias.

  • August 05, 2022

    5th Circuit Denies Rehearing En Banc In Fracking Employment Termination Case

    NEW ORLEANS — A panel of the Fifth Circuit U.S. Court of Appeals on July 19 issued the mandate in which it reversed a lower court and held that a hydraulic fracturing company violated federal law when it terminated the employment of three workers during the COVID-19 pandemic without providing advanced notice, denying the fracking operator’s petition for rehearing en banc.

  • August 04, 2022

    Jury Finds For Murdered Woman’s Family, Awards $7B In Punitives Against Cable Company

    DALLAS — A Texas jury on July 26 awarded $7 billion in punitive damages to the family of a woman who was murdered by a cable technician after finding in June that the woman’s death was the result of the gross negligence of the technician’s employer.

  • August 04, 2022

    Stay Request Denied After More Than $24M Verdict For Teacher In Retaliation Suit

    LOS ANGELES — A California judge on Aug. 3 denied an ex parte application for a stay of judgment filed by a school district and vice principal after a jury awarded a former teacher more than $24 million on his claims that he was terminated in retaliation for an earlier racial discrimination lawsuit.

  • August 03, 2022

    Federal Judge Denies TRO In FMLA Class Suit Against Railway Company

    KANSAS CITY, Mo. — Kansas City Southern Railway Co. (KCSR) conductors and engineers who accuse their employer in a putative class complaint of violating the Family and Medical Leave Act (FMLA) by miscalculating their leave entitlement and hours taken “demonstrated a fair chance of prevailing on the merits” on a portion of their allegations but failed to show that they will suffer irreparable harm without a temporary restraining order (TRO), a federal judge in Missouri ruled July 21, denying the workers’ TRO motion.