Mealey's Employment
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November 14, 2023
Class Suit: CVS Job Applicant AI Screening Tool Is Illegal Lie Detector Test
BOSTON — CVS Health Corp. and CVS Pharmacy Inc. use an artificial intelligence-based facial and vocal scanning program during the hiring process, drawing conclusions about applicants’ enthusiasm and potential culture fit in what amounts to a lie detector test given in violation of Massachusetts law, plaintiffs allege in a federal class action.
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November 14, 2023
2nd Circuit Affirms Dismissal Of NYC DOE Workers’ COVID-19 Vaccine Class Suit
NEW YORK — A Second Circuit U.S. Court of Appeals panel on Nov. 13 affirmed dismissal of a putative class complaint by New York City Department of Education (NYC DOE) employees challenging the department’s COVID-19 vaccine requirements and the procedures for enforcing the mandate, finding that the workers “have not pleaded any facts that would suggest that the pre- or post-deprivation processes afforded to them were constitutionally deficient.”
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November 14, 2023
U.S. High Court Denies Sexual Orientation Bias, Interference And Race Bias Petitions
WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 13 declined to grant several employment-related petitions, including one by a police officer fired after admitting to sexually soliciting a minor, one by a university professor alleging inference with contractual relations and one by a former employee of Rockwell Automation Inc. alleging racial discrimination.
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November 13, 2023
9th Circuit Upholds Dismissal Of Mechanics’ Suit Against Airline And Unions
SAN FRANCISCO — Ruling in part that Employee Retirement Income Security Act claims were properly dismissed, a Ninth Circuit U.S. Court of Appeals panel upheld dismissal of airline mechanics’ putative class suit over disputes involving a collective bargaining agreement (CBA).
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November 13, 2023
U.S. Supreme Court Won’t Hear Nurses’ Appeal Over N.J. COVID-19 Vaccine Mandate
WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 13 denied a petition for a writ of certiorari filed by New Jersey nurses concerning a COVID-19 vaccine mandate and whether a dispute over a preliminary injunction denial became moot once the mandate was rescinded.
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November 13, 2023
Georgia Telecommunications Provider Agrees To DOJ Settlement Of INA Claims
WASHINGTON, D.C. — Cox Communications will pay more than $450,000 to end claims by the U.S. Department of Justice that it violated the Immigration and Nationality Act (INA) by using a Georgia Institute of Technology (Georgia Tech) on-campus recruiting platform to post dozens of discriminatory job advertisements that unlawfully excluded students and alumni based on their citizenship status.
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November 13, 2023
DOJ, Apple Reach $25M Citizenship Status Discrimination Settlement
WASHINGTON, D.C. — The U.S. Department of Justice (DOJ) announced that it reached a $25 million settlement with Apple Inc. to resolve claims that the technology company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when hiring based on citizenship status.
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November 09, 2023
U.S. High Court Seeks Response From Domino’s Drivers To FAA Exemption Petition
WASHINGTON, D.C. — The U.S. Supreme Court requested a response from Domino’s Pizza LLC truck drivers (D&S drivers) to a petition by the pizza franchise arguing that the circuit courts are split on whether local delivery drivers are engaged in interstate commerce and thus exempt from the Federal Arbitration Act (FAA).
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November 09, 2023
Food Sales Reps Tell U.S. High Court FLSA Exemption Petition Should Be Denied
WASHINGTON, D.C. — A petition asking the U.S. Supreme Court justices to decide a question concerning the evidence necessary for an exemption to the Fair Labor Standards Act (FLSA) should be denied as “[t]he standard of proof arises with respect to the factual determination of the employee’s primary duty, and the difference between these standards almost never makes a difference to the outcome of a case,” food sales representatives argue in their respondent brief.
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November 09, 2023
Uber Driver Seeks U.S. High Court Ruling On Transportation Worker FAA Exemption
WASHINGTON, D.C. — The U.S. Supreme Court should decide a current circuit split on whether transportation workers who transport passengers across state lines are “‘engaged in interstate commerce’” and exempt from the Federal Arbitration Act (FAA), a rideshare driver argues in his petition for a writ of certiorari.
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November 09, 2023
7-Eleven Franchisees Tell Massachusetts High Court They Trigger ABC Test
BOSTON — 7-Eleven franchisees trigger the Massachusetts test for independent contractor misclassification, also known as the “ABC” test, as the franchisor’s “revenue is directly dependent on the franchisees’ work of running the stores,” five franchisees argue in a brief filed in the Massachusetts Supreme Judicial Court after a question concerning the franchisees’ contractual obligations was certified by the First Circuit U.S. Court of Appeals.
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November 09, 2023
U.S. Supreme Court Hears Arguments On Veterans’ Education Benefits
WASHINGTON, D.C. — The Department of Veterans Affairs’ (VA) interpretation of how education benefits under two GI bills are capped is “Byzantine,” an attorney representing a veteran argued before the U.S. Supreme Court on Nov. 8.
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November 08, 2023
$1.15M Gender Bias, Retaliation Verdict Returned In Woman’s Suit Against Google
NEW YORK — A federal jury in New York returned a $1.15 million verdict for a Google LLC employee who sued the tech giant alleging that she was hired at a lower level and paid less than similarly situated male co-workers.
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November 08, 2023
Former Tesla Worker Appeals Nearly $3.2M Race Bias Verdict After Retrial
SAN FRANCISCO — A former Tesla Inc. worker who sued for racial discrimination and a hostile work environment filed a notice of appeal in a federal court in California following a nearly $3.2 million verdict after a retrial on compensatory and punitive damages.
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November 08, 2023
Federal Judge Leaves $22M Wage Verdict Against Battery Maker Untouched
ALLENTOWN, Pa. — A federal judge in Pennsylvania on Nov. 7 denied a renewed motion for judgment as a matter of law, a new trial or remittitur filed by a battery manufacturer following a $22 million verdict in a back wages case brought by the acting secretary of Labor.
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November 08, 2023
Objectors Appeal $130,000 Settlement Approval In Hospital Vaccine Mandate Case
GRAND RAPIDS, Mich. — Eight objectors filed a notice of appeal in a federal court in Michigan after final approval of a $130,000 settlement was granted in a class case by current and former hospital employees challenging their employer’s mandatory COVID-19 vaccine policy.
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November 08, 2023
$215M Goldman Sachs Gender Bias Settlement Granted Final Approval
NEW YORK — A federal judge in New York on Nov. 7 granted final approval of a $215 million settlement between Goldman, Sachs & Co. and The Goldman Sachs Group Inc. (together, Goldman Sachs) and a class of female employees who allege gender discrimination.
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November 08, 2023
Baltimore Police Department Told To Supplement Discovery In Title VII Suit
BALTIMORE — Finding that the Baltimore Police Department (BPD) complied with some of the discovery requests from an officer suing it for discrimination and retaliation and noting the department’s inability to produce some requested documents, a Maryland federal magistrate judge directed the defendant to supplement its responses in some categories and to provide further explanations and documentation in others.
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November 07, 2023
High Court Won’t Hear UPS Driver’s ADA Appeal Concerning Essential Job Functions
WASHINGTON, D.C. — The U.S. Supreme Court on Nov. 6 denied a petition for a writ of certiorari by a United Parcel Service Inc. (UPS) delivery driver who claimed that the Fourth Circuit U.S. Court of Appeals improperly upheld the denial of his request for a smaller vehicle while he was injured and sought a ruling on “[w]hether an employer’s selection of the equipment used to perform a job precludes a court from considering whether modifications of such equipment would still allow a union employee to perform the essential functions of his job under the ADA [Americans with Disabilities Act].”
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November 06, 2023
11th Circuit Denies En Banc Review Request In TV Meteorologist’s Race Bias Case
ATLANTA — A television meteorologist who was fired after co-workers filed harassment complaints failed to show that an 11th Circuit U.S. Court of Appeals panel majority incorrectly considered the inclusion of his race in the documents reviewed by the person who authorized his firing as well as the race of his replacement, the 11th Circuit ruled, denying the meteorologist’s petition for rehearing en banc.
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November 06, 2023
Cleaning Franchisees Seek Preliminary Approval Of $30M Classification Settlement
SAN FRANCISCO — Cleaning service franchisees who allege that they have been misclassified filed a motion in a federal court in California seeking preliminary approval of a class settlement under which Jan-Pro Franchising International Inc. will pay $30 million and make changes to its business practices that the plaintiffs state will benefit California franchisees.
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November 06, 2023
3rd Circuit Upholds Dismissal Of Railroad Worker’s Age Bias Suit
PHILADELPHIA — A railroad worker who was fired after a train mishap while a younger worker who was driving the train was given demerits but retained his job failed to show that his termination was due to age, a Third Circuit U.S. Court of Appeals panel ruled, affirming a trial court’s dismissal of the complaint.
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November 02, 2023
Alaska Native Corporation Is Not An ‘Employer’ Under Title VII, Federal Judge Says
BROWNSVILLE, Texas — A former employee of an Alaska Native corporation who says she was discriminated against by the company failed to state her claims under Title VII of the Civil Rights Act of 1964 because such corporations are expressly excluded from the statute, a Texas federal judge found in adopting a magistrate judge’s report and recommendation.
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November 01, 2023
5th Circuit: Trial Court Must Reconsider Army Hospital Surgeon’s Retaliation Claim
NEW ORLEANS — A trial court properly rejected age bias allegations by an Army hospital surgeon in his 70s who was removed from his post as chief of surgery but erred in finding that that the surgeon failed to establish a prima facie case of retaliation in connection with some of his actions taken after his clinical privileges were placed in abeyance, a Fifth Circuit U.S. Court of Appeals panel ruled, remanding for the lower court to consider whether the Army provided a legitimate and non-pretextual reason for the action.
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October 31, 2023
Domino’s Seeks U.S. High Court Ruling On Local Delivery Drivers And FAA
WASHINGTON, D.C. — Domino’s Pizza LLC truck drivers (D&S drivers), found by the Ninth Circuit U.S. Court of Appeals to be exempt from the Federal Arbitration Act (FAA) in their class case alleging unreimbursed business expenses and violation of California’s unfair competition law, filed in the U.S. Supreme Court a waiver of their right to respond to Domino’s petition for writ of certiorari in which the pizza franchise argues that circuits are split on whether local delivery drivers are engaged in interstate commerce.