Illinois Federal Judge Refuses To Dismiss Class Privacy Suit Against Employer

CHICAGO - An Illinois federal judge on Nov. 8 denied a motion to dismiss a class complaint accusing a motel chain of privacy violations related to its installation of a monitoring and recording system on its phone system (Robert C. Burrow, et al. v. Sybaris Clubs International, Inc., et al., No. 13-2342...

Colorado Federal Judge Approves $2.49M Settlement In Assistant Managers' Wage Suit

DENVER - A Colorado federal judge on Nov. 13 granted approval of a $2.49 million settlement ending a collective action filed by salaried assistant general managers (AGMs) of a fast food chain seeking unpaid overtime (Jaquelyn Ann Whittington, et al. v. Taco Bell of America, Inc., et al., No. 10-1884...

4th Circuit Panel Denies Rehearing In Gender Bias Class Suit

RICHMOND, Va. - A split Fourth Circuit U.S. Court of Appeals panel on Nov. 14 denied a petition for a panel rehearing filed by a discount retail chain facing a reinstated gender bias and equal pay class action (Luanna Scott, et al. v. Family Dollar Stores, Inc., No. 12-1610, 4th Cir.; 2013 U.S. App....

9th Circuit Refuses Appeal Of Denial Of Class Certification In Dukes

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Nov. 18 denied a petition for permission to appeal an Aug. 2 district court order denying class certification in the more than decade-long gender bias complaint against Wal-Mart Stores Inc. (Betty Dukes, et al. v. Wal-Mart Stores, Inc., No. 13...

Bed, Bath & Beyond To Pay $415,000 To Settle Managers' Expenses Claims

SAN FRANCISCO - A California federal judge on Nov. 21 granted preliminary approval of a $415,000 settlement in a class complaint seeking reimbursement for managers employed by a chain of home goods stores who were not reimbursed when they used their personal vehicles for business purposes (Sean Boring...

11th Circuit Finds Stateroom Workers' Action To Vacate Award Is Time-Barred

ATLANTA - The 11th Circuit U.S. Court of Appeals on Nov. 25 affirmed the dismissal of an action Indian stateroom workers filed against a cruise line to vacate an arbitration award, finding that the action was barred under a three-month limitation period (Agnelo Gonsalvez, et al. v. Celebrity Cruises...

N.C. Court Affirms Admission Of Experts Testifying On Their Area Of Expertise

RALEIGH, N.C. - A workers' compensation commission properly admitted the testimony of a veterinarian on the issue of animal studies in an asbestos-related esophageal cancer case, the North Carolina Court of Appeals held Dec. 3 (Paulette Smith Wise, executor of the estate of Harvey Smith v. Alcoa...

High Court Hears Arguments On Attorney Fees In Multiemployer Fund Case

WASHINGTON, D.C. - A federal district court's decision on the merits that leaves unresolved a request for contractual attorney fees is a final decision subject to immediate appeal, an employer told the U.S. Supreme Court on Dec. 9 in urging the court to overturn a ruling by the First Circuit U.S...

2nd Circuit Partially Reinstates Workers' WARN Class Suit

NEW YORK - The Second Circuit U.S. Court of Appeals on Dec. 10 partially reinstated a class complaint filed by former employees of a now-bankrupt retail chain who allege that the companies that took control of the chain following the bankruptcy violated the Worker Adjustment Retraining and Notification...

High Court Will Consider Presumption Of Prudence In ERISA Stock-Drop Case

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 13 agreed to review a Sixth Circuit U.S. Court of Appeals ruling that Fifth Third Bancorp and its employee stock ownership plan (ESOP) trustees breached their fiduciary duties under the Employee Retirement Income Security Act by continuing to offer company...

High Court Denies Review Of 7th Circuit's 401(k) Class Certification Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 16 denied review of a Seventh Circuit U.S. Court of Appeals ruling vacating denial of class certification to retirement plans' participants on their claims that the plans' fiduciaries breached their duties under the Employee Retirement Income...

Split Montana High Court Reverses Certification Of Class Question In Benefits Suit

HELENA, Mont. - A split Montana Supreme Court on Dec. 13 upheld a state court's order defining the class in a suit challenging the denial of a preauthorization request for a medical procedure but reversed and remanded with respect to the court's certification of the plaintiffs' claim as to...

Calif. Correctional Officer To Proceed With Hostile Environment, Retaliation Suit

SACRAMENTO, Calif. - A California federal judge in an opinion filed Dec. 30 denied a motion to dismiss the two surviving claims in a case accusing the California Department of Corrections and Rehabilitation (CDCR) of doing nothing to stop a hostile work environment and retaliating against one of the...

9th Circuit Certifies Questions To Calif. High Court Regarding Seats On The Job

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 31, in an order addressing two cases, certified three questions concerning the proper interpretation of two California wage orders regarding an employer's obligation to provide an employee with a seat (Nykeya Kilby, et al. v. CVS...

11th Circuit Affirms Decision Compelling Arbitration In Panama

ATLANTA - The 11th Circuit U.S. Court of Appeals on Jan. 8 affirmed a decision granting a ship owner's motion to compel arbitration of a crew member's claims under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, agreeing that the dispute should be arbitrated in Panama...

Ohio Federal Magistrate Judge Orders Discovery Of Employees' Health Records

DAYTON, Ohio - Employees' health records are relevant and discoverable in a class complaint in which they accuse their employer of interfering with their rights under the Family and Medical Leave Act (FMLA), an Ohio federal magistrate judge ruled Jan. 6 (Michele Wilkinson, et al. v. Greater Dayton...

Minnesota Federal Judge Conditionally Certifies Class In Donning, Doffing Suit

DULUTH, Minn. - A Minnesota federal judge on Jan. 8 conditionally certified a class of meat-processing facility workers seeking compensation for time spent working outside of their clocked hours, including donning and doffing protective gear, and denied a motion to dismiss the workers' breach of...

Study On Employment Arbitration Fairness Unreliable, 5th Circuit Says

NEW ORLEANS - Expert testimony that employers fare better than employees in arbitration of disputes was unreliable, a Fifth Circuit U.S. Court of Appeals panel held Jan. 8 in affirming a district court's order dismissing a pregnancy discrimination lawsuit and compelling arbitration (Samantha Diggs...

High Court Rules That Fund's Appeal Of Merits Ruling Is Untimely

WASHINGTON, D.C. - A unanimous U.S. Supreme Court on Jan. 15 ruled that a federal district court's decision on the merits that left unresolved a multiemployer pension fund's request for contractual attorney fees is a final decision subject to immediate appeal under 28 U.S. Code Section 1291,...

9th Circuit Denies Review Of Certification Of Suit Against High-Tech Employers

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 14 declined to review a federal district court's order granting class certification in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering...

7th Circuit Outlines When Class Certification Order May Be Appealed 2nd Time

CHICAGO - In order to file a second appeal from an order granting class certification when the class definition has been altered, the party appealing must actually challenge the change, the Seventh Circuit U.S. Court of Appeals ruled Jan. 15 (Glenn Driver, et al. v. AppleIllinois, LLC, et al., No. 13...

Convenience Store Cashier Denied Class Certification In Overtime Complaint

ST. LOUIS - A Missouri federal judge on Jan. 17 denied a motion for conditional certification in an overtime complaint filed by a former convenience store clerk after determining that the clerk failed to demonstrate that she was similarly situated to any other employee (Mary Meriwether, et al. v. Beverly...

U.S. High Court Hears Personal Care Providers' Union Fee Appeal

WASHINGTON, D.C. - The State of Illinois is wrongfully forcing thousands of home care providers to pay compulsory fees to unions to represent their interests to the state, the attorney representing the home care providers told the U.S. Supreme Court on Jan. 21 (Pamela Harris, et al. v. Pat Quinn, Governor...

Judge Adopts In Part, Modifies Recommendation Denying Spoliation Sanctions

PEORIA, Ill. - A federal judge in Illinois on Jan. 17 adopted a magistrate judge's report and recommendation to deny a plaintiff's motion for spoliation sanctions but modified the ruling to address the conduct of defense counsel during a deposition (Dorrene Sokn v. Fieldcrest Community Unit School...

Majority Of Class Suit Over Incorrect Criminal Background Check Survives Dismissal

SAN FRANCISCO - A California federal magistrate judge on Jan. 17 largely rejected a motion to dismiss a class complaint filed by a California couple accusing a resident screening company of supplying an inaccurate consumer report to a prospective employer and landlord (Harold Meyer, et al. v. National...