LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Pa. Federal Judge Approves Wyndham's $180,000 Wage Settlement

SCRANTON, Pa. - A Pennsylvania federal judge on June 15 granted an unopposed motion for approval of a $180,000 collective action settlement to be paid by Wyndham Vacation Resorts Inc. in a wage-and-hour complaint (Leighton Chung, et al. v. Wyndham Vacation Resorts, Inc., No. 14-490, M.D. Pa.; 2015 U...

Mealey's Labor & Employment - Expert Gives No Sound Basis For Opinion, Maryland Federal Judge Finds

BALTIMORE - A Maryland federal judge on June 16 awarded summary judgment to CSX Transportation Inc. on a train conductor's negligence claims involving a trip-and-fall accident after excluding the conductor's expert witness testimony on the ground that there is no adequate basis for his opinion...

Mealey's Labor & Employment - California Court Keeps Brake Grinder Maker In Take-Home Asbestos Case

LOS ANGELES - The nearly universal use of asbestos in the type of brakes a man worked with creates a sufficient relationship to hold a manufacturer of brake grinding machines liable in a take-home exposure case, a California appeals court held June 18 (Michael Sherman, et al. v. Hennessy Industries Inc...

Mealey's Labor & Employment - Precedent Spurs Court Ordered Discovery In Asbestos Action Against Employer

HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey...

Mealey's Labor & Employment - 2nd Circuit Revives Transgender Worker's Bias, Retaliation Suit

NEW YORK - A trial court erred when it ruled that an employee's failure to exhaust administrative remedies deprived the court of subject matter jurisdiction over the employee's Title VII of the Civil Rights Act of 1964 claims, the Second Circuit U.S. Court of Appeals ruled June 19 (Cole Fowlkes...

Mealey's Labor & Employment - 11th Circuit Reinstates Employee's Age Discrimination Claim

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 17 reinstated a fired worker's claim of age discrimination in light of numerous age-related comments made by her supervisor (Mary Godwin v. WellStar Health System, Inc., No. 14-11637, 11th Cir.; 2015 U.S. App. LEXIS 10178).

Mealey's Labor & Employment - Split 3rd Circuit: Fired Employee Must Be Allowed To Correct Medical Certification

PHILADELPHIA - A worker who was fired for taking time off after she submitted a request for intermittent leave under the Family and Medical Leave Act (FMLA) should be given the chance to cure any deficiencies in her medical certification, a Third Circuit U.S. Court of Appeals panel ruled June 22, reversing...

Mealey's Labor & Employment - 9th Circuit Declines To Certify FedEx Wage-And-Hour Class

PASADENA, Calif. - A Federal Express Co. (FedEx) worker suing for unpaid wages failed to prove that her claims brought on behalf of two proposed classes could be decided on a classwide basis, the Ninth Circuit U.S. Court of Appeals ruled June 22, affirming the trial court's decision (Yvette Green...

Mealey's Labor & Employment - Missouri Federal Judge Partially Stays Papa John's Class Wage Suit

ST. LOUIS - A Missouri federal judge on June 19 granted in part and denied in part a motion to stay a class wage suit brought against a pizza chain pending the U.S. Supreme Court's decision in Bouaphakeo v. Tyson Foods, Inc. (765 F.3d 791 [8th Cir. 2014]) (William Timothy Perrin, et al. v. Papa John's...

Mealey's Labor & Employment - Split Ky. Appellate Panel Upholds Denial Of Class Certification In Welders' Suit

FRANKFORT, Ky. - Three welders seeking unpaid wages failed to demonstrate that their proposed class should be certified, a split Kentucky Court of Appeals panel ruled June 19 (Richard Powell, et al. v. James Marine, Inc., et al., No. 2014-CA-001580-ME, Ky. App.; 2015 Ky. App. Unpub. LEXIS 457).

Mealey's Labor & Employment - 2nd Circuit Reinstates Nontenured Teacher's Race Bias Claims

NEW YORK - A teacher who was denied tenure after three years of probation may proceed with racial discrimination claims, the Second Circuit U.S. Court of Appeals ruled June 24, partially vacating a district court's summary judgment ruling for the principal and school district (Rickey L. Tolbert v...

Mealey's Labor & Employment - Temp Agency Will Settle Class Wage Claims For $8.75 Million

SAN FRANCISCO - A California federal judge on June 22 granted final approval of an employment agency's $8.75 million payment to settle various wage claims filed by a class of temporary employees (Vera Willner v. Manpower Inc., No. 11-2846, N.D. Calif.; 2015 U.S. Dist. LEXIS 80697).

Mealey's Labor & Employment - NLRB Regional Director: University Housekeepers Perform No Religious Function

CHICAGO - Less than a month after it was determined that most of the part-time faculty of a Chicago-based university may vote on union representation because the university failed to meet its burden of establishing that those employees serve a religious function, the National Labor Relations Board Region...

Mealey's Labor & Employment - Jury Awards Former Union Pacific Employee $375,000 In Retaliation Suit

SHREVEPORT, La. - A Louisiana federal jury on June 23 awarded a former Union Pacific Railroad Co. employee, who accused the company of retaliation, $375,000 in damages (Jeffrey Davis v. Union Pacific Railroad Company, No. 12-2738, W.D. La.).

Mealey's Labor & Employment - Opinions On Fitness Exam For Airport Officer Admissible, Judge Finds

MEMPHIS, Tenn. - A psychologist can testify about whether a fitness exam for an airport police officer was job related and consistent with business necessity but must wait until trial for a determination on whether the officer's supervisor acted in a reasonable and prudent manner by relieving the...

Mealey's Labor & Employment - Partial Certification Recommended In Avon Wage Dispute

SAN JUAN, Puerto Rico - A Puerto Rico federal magistrate judge on June 24 recommended that a motion for conditional certification in a wage dispute against Avon Products Inc. be granted in part and that Avon's motion to strike be denied (Helen Rossello, et al. v. Avon Products, Inc., No. 14-1815...

Mealey's Labor & Employment - S.C. Federal Judge Certifies Server Class, Declines To Narrow Scope

GREENVILLE, S.C. - A South Carolina federal judge on June 25 granted a motion by restaurant servers to conditionally certify a Fair Labor Standards Act (FLSA) collective action, but denied the plaintiffs' subsequent motion to narrow the scope of the class (Lynn Walter, et al. v. Buffets Inc., d/b...

Mealey's Labor & Employment - U.S. Supreme Court Accepts California Teachers' Union Support Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 granted the petition for writ of certiorari in an appeal asking it to decide whether Abood v. Detroit Bd. of Ed. (431 U.S. 209 [1977]) should be overruled and whether requiring public employees to affirmatively object to subsidizing nonchargeable speech...

Mealey's Labor & Employment - 2nd Circuit: Tennis Umps Are Independent Contractors, Not Employees

NEW YORK - U.S. Tennis Association (USTA) umpires are independent contractors, not employees, for the purposes of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL), the Second Circuit U.S. Court of Appeals ruled June 29, affirming a trial court's decision (Steven Meyer, et al...

Mealey's Labor & Employment - Plaintiff Excluded As Expert In Her Wrongful Termination Lawsuit

AUSTIN, Texas - A Texas federal magistrate judge on June 29 ruled that testimony by two experts for a woman alleging that she was wrongfully terminated is admissible, but that testimony by the woman herself, acting as an expert, is not because she did not properly disclose her intended opinions and she...

Mealey's Labor & Employment - High Court Will Determine Whether ERISA Preempts Health Care Database Law

WASHINGTON, D.C. - The U.S. Supreme Court on June 29 granted review of a divided Second Circuit U.S. Court of Appeals ruling that the Employee Retirement Income Security Act preempts Vermont's health care data collection law, which requires health care payers to report claims and health care-services...

Mealey's Labor & Employment - Supreme Court Denies Review Of Fiduciary Duty In ERISA 401(k) Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 29 declined to review a Fourth Circuit U.S. Court of Appeals ruling on the burden of proof on the issue of causation and the proper standard to assess causation in a 401(k) breach of fiduciary duty case under the Employee Retirement Income Security Act...

Mealey's Labor & Employment - Supreme Court Will Not Hear Attorney Fee Dispute In ERISA Disability Benefits Case

WASHINGTON - The U.S. Supreme Court on June 29 let stand a Ninth Circuit U.S. Court of Appeals ruling that a district court did not err in ordering a disability insurer to pay attorney fees incurred by a plan on behalf of a participant because the plan supported the participant and assumed the same position...

Mealey's Labor & Employment - 6th Circuit Holds Labor Board Has Authority Over Tribal Casino

CINCINNATI - A split Sixth Circuit U.S. Court of Appeals on July 1 entered a judgment enforcing the National Labor Relations Board's jurisdiction over an Indian tribe's operation of a casino on reservation land and enforced a board's decision finding that the casino's no-solicitation...

Mealey's Labor & Employment - 1st Circuit Upholds Merry Maids Franchise Union Election

BOSTON - The First Circuit U.S. Court of Appeals on July 1 upheld the National Labor Relations Board's (NLRB) jurisdiction over a residential cleaning business and election of a union to represent the housekeepers (National Labor Relations Board v. Le Fort Enterprises, Inc. d/b/a Merry Maids of Boston...