http://www.lexisnexis.com/mealeys/news.aspx Headline Employment Law Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2012 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A private attorney who is temporarily retained by the government to carry out the government's work may seek qualified immunity from a lawsuit under 42 U.S. Code Section 1983, a unanimous U.S. Supreme Court ruled April 17 (Steve A. Filarsky v. Nicholas B. Delia, No. 10-1018, U.S. Sup.; 2012 U.S. LEXIS 3105). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 24 upheld a trial court's denial of qualified immunity for a Tennessee city mayor accused of quashing an employee's right to speak out about a matter of public concern (Lindsey Whitney v. City of Milan, et al., No. 11-5261, 6th Cir.; 2012 U.S. App. LEXIS 8182). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - The California Supreme Court on April 12, in a highly anticipated ruling, held that employees suing over meal and rest breaks may proceed with a certified rest break subclass, reversing in part an appellate panel ruling (Brinker Restaurant Corporation, et al. v. The Superior Court of San Diego County, No. S166350, Calif. Sup.; 2012 Cal. LEXIS 3149; See November 2008, Page 17). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - Pharmaceutical sales representatives, or "detailers," "tout" drugs to doctors but do not actually engage in sales as defined in the Fair Labor Standards Act (FLSA) and thus are entitled to overtime pay, an attorney representing a class of sales representatives argued April 16 before the U.S. Supreme Court (Michael Shane Christopher, et al. v. SmithKline Beecham Corporation, dba GlaxoSmithKline, No. 11-204, U.S. Sup.; See December 2011, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - Pharmaceutical sales representatives fall within the administrative exemption to the overtime requirements of the Fair Labor Standards Act (FLSA), the Seventh Circuit U.S. Court of Appeals ruled May 8 in a single opinion addressing two separate cases (Susan Schaefer-LaRose v. Eli Lilly & Company, No. 10-3855, James Jirak, et al. v. Abbott Laboratories, Inc., Nos. 11-1980 & 11-2131, 7th Cir.; 2012 U.S. App. LEXIS 9300). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LAS VEGAS - A Nevada federal judge on April 17 granted a renewed motion for class certification in a wage-and-hour complaint after previously declining to certify the class for failure to satisfy the numerosity requirement of Federal Rule of Civil Procedure 23 (Robert Greene v. Alan Waxler Group Charter Services, LLC dba AWG Charter Services, et al., No. 09-748, D. Nev.; 2012 U.S. Dist. LEXIS 53568). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A new named class member may be added to a wage-and-hour class complaint, but an attempt to add a new claim comes months too late, a California federal judge ruled April 17 (Kevin McConnell, et al. v. Red Robin International, Inc., No. 11-3026, N.D. Calif.; 2012 U.S. Dist. LEXIS 53942). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN DIEGO - A California federal magistrate judge on April 27 denied a motion by plaintiffs in a wage-and-hour class dispute to compel defendants to produce contact information for past and present financial advisers (FA) from December 2005 to the present (Michael E. Taylor, et al. v. Waddell & Reed, Inc., et al., No. 09-2909, S.D. Calif.; 2012 U.S. Dist. LEXIS 59324). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SANTA ANA, Calif. - A California appeals panel on April 4 affirmed a trial court's rejection of class certification and leave to file a second amended complaint in a lawsuit accusing a women's fashion retailer of various wage-and-hour violations (Sally I. Chaaban, et al. v. Wet Seal, Inc., et al., No. G044815, Calif. App., 4th Dist., Div. 3; 2012 Cal. App. Unpub. LEXIS 2560). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN DIEGO - 7-Eleven Inc. provides payroll services to its franchisees and cannot be liable under the California unfair competition law (UCL), a state appeals court held May 8 in affirming judgment on a woman's claim involving conversion of partial hours worked into hundredths of an hour (Kimberly Aleksick v. 7-Eleven Inc., No. D059236, Calif. App., 4th Dist., Div. 1; 2012 Cal. App. LEXIS 539). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JOSE, Calif. - Employees of seven high-tech companies with principal places of business in the San Francisco-Silicon Valley may continue with their allegations that the defendants, including Apple Inc., conspired to fix and suppress employee compensation and to restrict employee mobility by entering into identical bilateral "Do Not Cold Call" agreements, a federal judge in California ruled April 18 (In re: High-Tech Employee Antitrust Litigation, No. 11-CV-02509-LHK, N.D. Calif.; 2012 U.S. Dist. LEXIS 55302). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GREENBELT, Md. - A Maryland federal judge on April 10 conditionally certified a class of satellite television installers in a complaint alleging unpaid overtime wages (Jeffrey Butler, et al. v. DirectSat USA, LLC, et al., No. 10-2747, D. Md.; 2012 U.S. Dist. LEXIS 50119). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ORLANDO, Fla. - A company's tender of payment to a former employee on his unpaid overtime claim does not constitute a settlement of the claim because it is not a "full payment" and the worker did not accept the offer, a Florida federal judge held April 25 (James Evans v. General Mechanical Corporation, No. 6:12-cv-229, M.D. Fla.; 2012 U.S. Dist. LEXIS 57715). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RALEIGH, N.C. - Farm operators in North Carolina have agreed to pay $10,000 to settle claims by two migrant farm workers that they were the victims of a human-trafficking scheme, according to an order signed April 30 by a federal judge in that state (Rumualdo Lainez, et al., v. Francisco Baltazar, Sr., et al., No. 5:11-cv-00167, E.D. N.C.; 2012 U.S. Dist. LEXIS 59759). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A Massachusetts federal judge on April 18 dismissed with prejudice a complaint alleging overtime violations against a Boston hospital, finding that the plaintiffs failed to state a claim just as the plaintiffs have done in several similar cases filed by the same law firm against other medical centers (Elizabeth Manning, et al. v. Boston Medical Center Corporation, et al., No. 09-11463, D. Mass.; 2012 U.S. Dist. LEXIS 54692). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - The First Circuit U.S. Court of Appeals on April 18 upheld a finding that two hospital employees failed to sufficiently plead their wage-and-hour claims but rejected the dismissal with prejudice and remanded the suit to give the employees one more chance to amend their complaint (Ashleigh Pruell, et al. v. Caritas Christi, et al., No. 11-1929, 1st Cir.; 2012 U.S. App. LEXIS 7859). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN DIEGO - A California federal judge on April 26 certified a class of field technicians that work for a global computer services company in that state in a lawsuit alleging unpaid overtime and other wage-and-hour claims (George Schulz and Pablo Cardona v. QualxServ, LLC, and Worldwide TechServices, LLC, No. 09-cv-17, S.D. Calif.; 2012 U.S. Dist. LEXIS 58561). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York federal magistrate judge on April 16 approved a $2.5 million settlement of a class action lawsuit alleging that a global project management and construction company misclassified some employees and failed to pay them overtime wages (Renee Sewell, et al., Bovis Lend Lease, Inc. and Bovis Lend Lease LMB, Inc., No. 09-6548, S.D. N.Y.; 2012 U.S. Dist. LEXIS 53556). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BROOKLYN, NY - A New York City heating, ventilation and air conditioning company has paid $30,000 to settle a former employee's wage-and-hour lawsuit, according to a New York federal judge's April 20 order approving the settlement (Henry Volberg v. A.D. Winston Services, Inc., et al., No. 11-cv-2700, E.D. N.Y.; 2012 U.S. Dist. LEXIS 56040). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Labor Department (DOL) announced May 1 that Wal-Mart Stores Inc. will pay $4,828,442 in back wages and damages for more than 4,500 employees nationwide. The retailer will also pay $463,815 in civil penalties. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A former Navy engineer who was terminated for a two-year-long voluntary grand jury service may proceed with her preremoval back pay claim, a split Federal Circuit U.S. Court of Appeals panel ruled April 30 (Dawn Hall v. United States, No. 2011-5119, Fed. Cir.; 2012 U.S. App. LEXIS 8719). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - The First Circuit U.S. Court of Appeals on April 18 affirmed the dismissal of state law claims brought by two health care workers alleging various wage violations but reinstated federal claims brought by the same plaintiffs in a separate complaint (Patricia Cavallaro, et al. v. UMass Memorial Healthcare, Inc., et al., Nos. 11-1073 and 11-1793, 1st Cir.; 2012 U.S. App. LEXIS 7858). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2023%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OMAHA, Neb. - The Eighth Circuit U.S. Court of Appeals on May 7 upheld a District Court's decision to have the same class counsel represent both active and retired employees of a Nebraska city in a dispute over health care benefits, finding that all class members were properly represented and the settlement agreement was fair (Professional Firefighters Association of Omaha, Local 385, et al. v. James Conrad Zalewski, No. 11-1817/3253, 8th Cir.; 2012 U.S. App. LEXIS 9226). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2024%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHATTANOOGA, Tenn. - A global private equity firm will pay $275,000 to settle a claim that it violated the Worker Adjustment and Retraining Notification Act of 1988 (WARN Act) when it shut down a company that administered employee incentive and reward programs, according to a settlement agreement that received preliminary approval May 7 from a Tennessee federal judge (Ron Kizer v. Summit Partners, L.P., No. 1:11-cv-38, E.D. Tenn.; 2012 U.S. Dist. LEXIS 63795). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2025%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - The 11th Circuit U.S. Court of Appeals on May 8 ruled that former employees' allegations that the value of Home Depot Inc. stock trended downward significantly were insufficient to establish that the fiduciaries of Home Depot's retirement plan violated the Employee Retirement Income Security Act by abusing their discretion by continuing to invest in company stock in compliance with the terms of the plan (Raymond A. Lanfear, et al. v. Home Depot, Inc., et al., No. 10-13022, 11th Cir.; 2012 U.S. App. LEXIS 9321). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2026%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - A company is liable for retiree health care benefits and reimbursement for Medicare Part B premiums for retirees of the company's predecessors, the Sixth Circuit U.S. Court of Appeals affirmed May 3 (Willard Bender, et al. v. Newell Window Furnishings, Inc., Kirsch Division, et al., No. 11-1335, 6th Cir.; 2012 U.S. App. LEXIS 9003). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2027%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - Foreign workers' claims that the administrators of plans governed by the Employee Retirement Income Security Act improperly withheld taxes from the workers' benefits are barred by the U.S. tax code to the extent the claims seek monetary damages and injunctive and declaratory relief, a federal judge in Illinois ruled May 2 (Ramon Mejia, et al. v. Verizon Management Pension Plan, et al., No. 11 C 3949, N.D. Ill.; 2012 U.S. Dist. LEXIS 61090). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2028%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PASADENA, Calif. - A former California city employee failed to show that surviving spouse benefits provided to retired employees are discriminatory based on gender, the Ninth Circuit U.S. Court of Appeals ruled May 9, upholding a lower court ruling (Janet M. Wood, et al. v. City of San Diego, et al., No. 10-56826, 9th Cir.; 2012 U.S. App. LEXIS 9418). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2029%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A foreign service officer failed to show that being denied a requested appointment because it would expire after she reached the mandatory retirement age constituted age discrimination, the District of Columbia Circuit Court of Appeals ruled May 3, affirming (Elizabeth Overton Colton v. Hillary Rodham Clinton, in her official capacity as Secretary of State, No. 10-5389, D.C. Cir.; 2012 U.S. App. LEXIS 9110). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2030%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - Treating federal employees applying for another federal position differently from those candidates who have not worked for the federal government does not violate Title VII of the Civil Rights Act of 1964 or the Age Discrimination in Employment Act (ADEA), the Third Circuit U.S. Court of Appeals ruled April 27 (Warren K. Gladden v. Thomas J. Vilsack, Secretary US Department of Agriculture, No. 11-3001, 3rd Cir.; 2012 U.S. App. LEXIS 8596). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2031%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BIG STONE GAP, Va. - A Virginia federal judge on April 17 found that while a former school district employee established a prima facie case of age discrimination, she did not show that the school district's legitimate reason for terminating her employment was pretext for discrimination (Bertha M. Blackburn v. Wise County School Board, No. 2:11-cv-00033, W.D. Va.; 2012 U.S. Dist. LEXIS 53414). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2032%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - A former bank vice president failed to show that her age, illness or medical leave caused her change in responsibilities and ultimate termination, the 11th Circuit U.S. Court of Appeals ruled April 23, upholding a district court ruling (Linda L. Diehl v. Bank of America, N.A., No. 11-11917, 11th Cir.; 2012 U.S. App. LEXIS 8083). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2033%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - A former department store director could not show that the reasons offered for his termination were pretext for age discrimination, the Fourth Circuit U.S. Court of Appeals ruled April 23, affirming the District Court's ruling (Mike Duffy v. Belk, Inc., No. 11-1757, 4th Cir.; 2012 U.S. App. LEXIS 8262). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2034%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Louisiana woman who claims that she was fired in retaliation for complaints of age bias may proceed with all her claims except her hostile work environment claims, which are time-barred, the Fifth Circuit U.S. Court of Appeals ruled April 25 (Sharon Walton-Lentz v. Innophos, Incorporated, No. 11-30299, 5th Cir.; 2012 U.S. App. LEXIS 8368). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2035%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A computer technology company's admission that it may have made a mistake in letting go one of its senior salesmen makes for "an unusual employment case" but does not help the salesman prove age discrimination claims against his former employer, a Massachusetts federal judge held April 13 in granting the company summary judgment (Frank Woodward v. Emulex Corporation and Jeff Hoogenboom, No. 10-11382, D. Mass.; 2012 U.S. Dist. LEXIS 51983). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2036%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 11 upheld a District Court's rejection of a postal worker's claim that she was denied a transfer based on her age (Sharon M. Perryman v. Postmaster General, United States Postal Service, No. 11-3109, 6th Cir.; 2012 U.S. App. LEXIS 7328). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2037%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - A television news reporter's voluntarily resignation eliminated his ability to bring age bias and retaliation claims against his former employer, a split Sixth Circuit U.S. Court of Appeals panel ruled April 18 (Jerry Sander v. Gray Television Group, Inc., No. 10-6120, 6th Cir.; 2012 U.S. App. LEXIS 7868). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2038%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HARRISBURG, Pa. - The Pennsylvania Superior Court on April 13 affirmed a lower court's finding that an underlying discrimination lawsuit is one claim under an employment practices liability insurance policy, regardless of the number and variety of employment law violations raised in the lawsuit (Superior Beverage Group, Ltd, et al. v. The Cincinnati Insurance Company, No. 1126 WDA 2010, Pa. Super.; 2012 Pa. Super. LEXIS 527). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2039%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York state parole officer may proceed with her sexual harassment claim based on allegations that her supervisor touched her inappropriately, the Second Circuit U.S. Court of Appeals ruled May 4, partially vacating a district court ruling (Fedie R. Redd v. New York State Division of Parole, No. 10-1410, 2nd Cir.; 2012 U.S. App. LEXIS 9194). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2040%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PITTSBURGH - A woman who worked as a security guard has established a prima facie hostile work environment claim based on sexual harassment by submitting evidence from which a trier of fact could conclude that she was subjected to pervasive harassment and that her employer did not take adequate remedial action when she complained about the harassment, a Pennsylvania federal magistrate judge held May 3 (Patricia Hall v. Guardsmark, LLC, No. 11-115, W.D. Pa.; 2012 U.S. Dist. LEXIS 61923). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2041%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TULSA, Okla. - A reasonable jury could find that a factory work environment in which a female employee is subjected to repeated comments about her sexual activity and exposed to many sexually explicit pictures or cartoons that refer to her specifically is objectively hostile, an Oklahoma federal judge held April 23 (Debra D. Vanskyock v. Saint-Gobain Containers, Inc., No. 11-cv-0388, N.D. Okla.; 2012 U.S. Dist. LEXIS 56148). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2042%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case name: Equal Employment Opportunity Commission v. Kaizen Restaurants, Inc. Case number: 11-1181 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2043%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on May 1 upheld the rejection of claims by a consulting firm's former manager that he suffered race, sex and age discrimination when he was fired for allegedly harassing a subordinate (John O. Crosby v. Computer Science Corporation, et al., No. 11-60661, 5th Cir.; 2012 U.S. App. LEXIS 8853). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2044%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An 11th Circuit panel, split on whether a demoted employee's race discrimination claim should be reinstated, agreed April 18 that the black woman may proceed with her hostile work environment claim (Cassandra Renee Nichols v. Volunteers of America, North Alabama, Inc., No. 10-15889, 11th Cir.; 2012 U.S. App. LEXIS 7798). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2045%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - A Delaware school district employee failed to timely file a federal complaint alleging race, religious and national origin discrimination, the Third Circuit U.S. Court of Appeals ruled April 18 (Richard Y. Thompson v. Brandywine School District, et al., No. 12-1079, 3rd Cir.; 2012 U.S. App. LEXIS 7804). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2046%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINNEAPOLIS - A bank consumer loan underwriter was fired for kiting checks, not because she is black, a Minnesota federal judge held April 20 in granting the bank summary judgment on the former employee's discrimination claims (Leslie Luster v. Wells Fargo Bank, N.A., No. 10-3676, D. Minn.; 2012 U.S. Dist. LEXIS 55530). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2047%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - An Illinois federal judge on May 7 gave a plaintiff who is representing herself in an employment action a chance to refile a racial discrimination claim against an individual after finding that the plaintiff failed to meet the requirements for pleading her allegations (Jeanice L. Owens v. Enable Holdings, et al., No. 11-1703, N.D. Ill.; 2012 U.S. Dist. LEXIS 63363). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2048%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - A probationary college employee who went from full-time hours to part-time hours in the wake of financial problems the college was facing failed to prove that she was the victim of reverse racism, the 11th Circuit U.S. Court of Appeals ruled April 24 (Deborah D. Patrick v. Bishop State Community College, et al., No. 11-13009, 11th Cir.; 2012 U.S. App. LEXIS 8219). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2049%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - A Georgia county employee failed to show that his starting salary was discriminatory or that he was the victim of retaliation, but he did provide sufficient evidence that the denial of a raise after his job duties expanded was based on race discrimination to survive a summary judgment motion, the 11th Circuit U.S. Court of Appeals ruled May 1 (David Tucker v. Fulton County, Georgia, et al., No. 11-11403, 11th Cir.; 2012 U.S. App. LEXIS 8824). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2050%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on April 20 enforced a National Labor Relations Board ruling finding that a Hawaii newspaper committed multiple unfair labor practices (Stephens Media, LLC, doing business as Hawaii Tribune-Herald v. National Labor Relations Board, No. 11-1054, D.C. Cir.; 2012 U.S. App. LEXIS 7999). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2051%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A property owner may not bar employees of an onsite contractor from distributing union-related handbills on the property, the District of Columbia Circuit U.S. Court of Appeals ruled April 17, enforcing a National Labor Relations Board decision (New York-New York, LLC, doing business as New York-New York Hotel and Casino v. National Labor Relations Board, No. 11-1098, D.C. Cir.; 2012 U.S. App. LEXIS 7626). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2052%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank EAST ST. LOUIS, Ill. - An Illinois federal judge on April 30 barred a mining company from discriminating against workers for supporting a labor union and ordered the company to reinstate an employee who the National Labor Relations Board says was fired because of his pro-union activities (Claude T. Harrell, Jr., v. Big Ridge, Inc., No. 12-40, S.D. Ill.; 2012 U.S. Dist. LEXIS 59559). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2053%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MIAMI - An order by Florida's governor for mandatory random drug testing of more than 85,000 state workers cannot be implemented because it is unconstitutional, a federal judge held April 26, saying that the "privacy interests infringed upon here outweigh the public interest sought" (American Federation of State County and Municipal Employees [AFSCME] Council 79 v. Rick Scott, No. 11-civ-21976, S.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2054%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BALTIMORE - A Maryland federal judge on April 30 remanded a lead exposure class action to state court, saying the claims against Kennedy Krieger Institute (KKI) researchers do not implicate, and are not preempted by, federal law (David Armstrong Jr., et al., v. Kennedy Krieger Institute Inc., No. WDQ-11-3380; 2012 U.S. Dist. LEXIS 60383). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2055%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on April 18 upheld the denial of a former government employee's motion to withdraw his guilty plea in a case in which he was accused of fraudulently obtaining workers' compensation benefits after being injured on the job (United States of America v. Lester Nicholson, No. 11-4531, 4th Cir.; 2012 U.S. App. LEXIS 7811). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2056%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HARRISBURG, Pa. - A Pennsylvania court on April 13 affirmed a decision made by a workers' compensation board to reverse a judge's ruling granting a woman's claim for compensation for injuries caused by mold exposure at work, finding that her claim was time-barred (Robyn Kochan v. Workers' Compensation Appeal Board [Keystone Automotive Operations], No. 1456 C.D. 2011, Pa. Cmwlth.; 2012 Pa. Commw. Unpub. LEXIS 257). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2057%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank INDIANAPOLIS - Claims by the former women's tennis coach at Ball State University that her firing was retaliation for her outspoken advocacy of gender equity will be tried by a jury, an Indiana federal judge held May 2 (Kathleen A. Bull v. Board of Trustees of Ball State University, et al., No. 1:10-cv-00878, S.D. Ind.; 2012 U.S. Dist. LEXIS 61342). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2058%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank VALDOSTA, Ga. - A hotel employee's sex discrimination and retaliation claims fail because she did not properly exhaust her administrative remedies with the Equal Employment Opportunity Commission before filing suit, a Georgia federal judge ruled April 13 (Candi Forster v. A&M Hospitalities, L.L.C. d/b/a Hilton Garden Inn, No. 7:10-cv-112, M.D. Ga.; 2012 U.S. Dist. LEXIS 52106). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2059%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ANCHORAGE, Alaska - Alleged race-based or gender-based conduct by a white man working for the U.S. Postal Service directed at a black female co-worker was not "sufficiently severe and pervasive" to create a hostile work environment, an Alaska federal judge held May 4 (Alfreda Lockwood v. Patrick Donahoe, No. 3:11-cv-00032, D. Alaska; 2012 U.S. Dist. LEXIS 62601). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2060%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A physician who was terminated as part of a massive reduction-in-force due to an Illinois County's budget problems failed to show that he was the victim of a hostile work environment or retaliation, the Seventh Circuit U.S. Court of Appeals ruled May 2, upholding a trial court ruling (Ahmad Jajeh v. County of Cook, No. 11-2331, 7th Cir.; 2012 U.S. App. LEXIS 8900). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2061%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank FORT SMITH, Ark. - The Equal Employment Opportunity Commission sufficiently pleads that a trucking company acted with bias in not allowing an employee who admitted to a drinking problem to work as a driver and then terminating the employee, an Arkansas federal judge held April 23 in denying the company's motion to dismiss a disability discrimination lawsuit filed by the EEOC (Equal Employment Opportunity Commission v. Old Dominion Freight Line, Inc., No. 11-2153, W.D. Ark.; 2012 U.S. Dist. LEXIS 57649). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2062%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HARRISBURG, Pa. - A disability discrimination claim by a former auto dealership worker that was remanded by the Third Circuit U.S. Court of Appeals, which had overturned a Pennsylvania federal judge's grant of summary judgment on the claim, still fails because the employee did not prove that he has a disability, the same judge held April 23 (Stephen Corey James v. Sutliff Saturn, Inc., No. 1:09-cv-1081, M.D. Pa.; 2012 U.S. Dist. LEXIS 56870). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2063%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JUAN, Puerto Rico - A woman who alleges that she was discharged from her position as legislative adviser to the Puerto Rico House of Representatives because she has a disability presents a prima facie case of discrimination, but her claim for monetary damages is barred by the U.S. Constitution, a federal judge in Puerto Rico held April 16 (Celia M. Pagan-Torres v. The House of Representatives of the Commonwealth of Puerto Rico, et al., No. 10-1265, D. Puerto Rico; 2012 U.S. Dist. LEXIS 53170). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2064%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINNEAPOLIS - A disability discrimination claim by a former employee of a nationwide food service company fails because the man's eye injury did not cause him to be disabled, a Minnesota federal judge held April 27 (Jeff Knutson v. Schwan's Home Service, Inc. and The Schwan Food Company, No. 10-4823, D. Minn.; 2012 U.S. Dist. LEXIS 58832). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2065%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINNEAPOLIS - A former bank employee has presented sufficient evidence to create a genuine issue of fact about whether she was fired because she has multiple sclerosis (MS), a Minnesota federal judge held May 9 in denying the bank's motion for summary judgment on the woman's disability discrimination claims (Karin K. Wandersee v. Farmers State Bank of Hartland, No. 10-4159, D. Minn.; 2012 U.S. Dist. LEXIS 64775). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2066%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A medical researcher's defamation suit against his former employer was properly tossed when the employee failed to show that the proffered reason for his termination - research misconduct and violations of professional or ethical standards - was pretext for discrimination, the Second Circuit U.S. Court of Appeals ruled April 17 (Hengjun Chao, M.D. v. The Mount Sinai Hospital, et al., No. 11-1328, 2nd Cir.; 2012 U.S. App. LEXIS 7617). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2067%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank AKRON, Ohio - A defendant accused of violating the Family Medical Leave Act (FMLA) waived the attorney-client privilege over a document it inadvertently produced because it failed to take reasonable steps to prevent the disclosure of privileged materials, a federal judge in Ohio ruled April 16 (Wendy Barnett v. Aultman Hospital, No. 11 CV 399, N.D. Ohio; 2012 U.S. Dist. LEXIS 53733). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2068%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - A warehouse employee failed to prove that she was the victim of pregnancy discrimination when she was fired three months after giving birth, the 11th Circuit U.S. Court of Appeals ruled April 27, affirming (Kendyl Grace v. Adtran, Inc., No. 11-11263, 11th Cir.; 2012 U.S. App. LEXIS 8583). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2069%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - An Illinois federal judge on April 13 refused to dismiss or transfer a class suit accusing a college planning services company of violating the Fair Credit Reporting Act (FCRA) (Atif N. Rana, et al. v. College Admissions Assistance, LLC, No. 11-4280, N.D. Ill.; 2012 U.S. Dist. LEXIS 51949). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2070%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GAINESVILLE, Fla. - A health care company in a breach of employment contract case can suspend its restoration, retrieval and search of 95 backup tapes for electronically stored information (ESI) until its information security and technology director can be deposed concerning the costs of producing the information, a federal magistrate judge in Florida ruled April 12 (Kirk Cianciolo D.O. v. AvMed Inc., d/b/a AvMed Health Plans, No. 11-cv-196-SPM-GRJ, N.D. Fla.; 2012 U.S. Dist. LEXIS 52072). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2071%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A former Chicago teacher failed to show that she was the victim of national origin bias when the Chicago Board of Education first assigned her a grade she believed was more difficult to teach and later did not renew her contract, the Seventh Circuit U.S. Court of Appeals ruled April 12, upholding the trial court ruling (Veronica Dass v. Chicago Board of Education, et al., Nos. 10-3844 & 11-1104, 7th Cir.; 2012 U.S. App. LEXIS 7373). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2072%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - An air traffic controller failed to show that a temporary revocation of his certification and being denied the right to take his students on a tour of his workplace constituted national origin discrimination or retaliation, the 11th Circuit U.S. Court of Appeals ruled May 3, upholding a trial court ruling (Arys R. Cabrera v. Secretary, Department of Transportation, United States Department of Transportation, No. 11-13462, 11th Cir.; 2012 U.S. App. LEXIS 9004). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2073%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - A former Philadelphia condo building concierge failed to prove that his employer unlawfully discriminated and retaliated against him, the Third Circuit U.S. Court of Appeals ruled May 3, upholding a trial court opinion (Tyrone White v. Planned Security Services, et al., No. 11-4622, 3rd Cir.; 2012 U.S. App. LEXIS 9075). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2074%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: National Labor Relations Board v. A&C Healthcare Services, Inc., No. 11-72498, 9th Cir. Respondent opening brief: Filed Feb2 by A&C Healthcare Services IncBrief available 73-120511-505B http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2075%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Trevor D'Andrade v. Wells Fargo Bank, N.A., No. 12-3471, S.D. N.Y. Complaint: Filed May 2 by Trevor D'Andrade, on behalf of himself and all others similarly situatedComplaint available 73-120511-520C http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2076%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: National Labor Relations Board v. Daycon Products Company, Inc., No. 12-1022, 4th Cir. Respondent opening brief: Filed Feb28 by Daycon Products Company, IncBrief available 73-120511-508B http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2077%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Hyundai America Shipping Agency, Inc. v. National Labor Relations Board, Nos. 11-1351 and 11-1413, D.C. Cir. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2078%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Mathew Enterprise, Inc. d/b/a Stevens Creek Chrysler Jeep Dodge v. National Labor Relations Board, Nos. 11-1310 and 11-1406, D.C. Cir. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2079%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Tara Raniere, et al. v. Citigroup Inc., et al., No. 11-5213, 2nd Cir.; See March 2012, Page 76. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2080%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Julia A. Rieve, et al. v. Coventry Health Care, Inc., et al., No. 11-1032, C.D. Calif. Motion for class certification and memorandum in support: Filed April 30 by Julia ARieve and Carrie Gold, on behalf of themselves and all persons similarly situatedMotion available 73-120511-515M http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2081%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Luis A. Rivera-Melendez, et al. v. Pfizer Pharmaceuticals, LLC, No. 12-1023, 1st Cir.; See April 2012, Page 93. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2082%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Alicia Sloan v. Taco Bell of America, LLC, No. 12-659, M.D. Fla. Complaint: Filed May 1 by Alicia Sloan, on her own behalf and on behalf of others similarly situatedComplaint available 73-120511-504C http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-10%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2083%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Virginia Van Dusen, et al. v. Swift Transportation Co., Inc, et al., No. 11-17916, 9th Cir.; See April 2012, Page 94. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A state employee is blocked by sovereign immunity from recovering damages from his state employer for claims of discrimination brought under the self-care provision of the Family and Medical Leave Act (FMLA), a split U.S. Supreme Court ruled March 20, affirming a decision by the Fourth Circuit U.S. Court of Appeals (Daniel Coleman v. Court of Appeals of Maryland, et al., No. 10-1016, U.S. Sup.; 2012 U.S. LEXIS 2315; See January 2012, Page 9). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 8 reversed a jury verdict in favor of an employer in a sex bias and retaliation suit, finding that the jury instruction and verdict form, as well as the trial court judge's response to a jury inquiry, were unsound (Deborah Cook v. IPC International Corporation, No. 11-2502, 7th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A former transportation department employee who already litigated his termination in state court can't bring claims in federal court regarding the same incident despite raising different claims, the Seventh Circuit U.S. Court of Appeals ruled March 21 (Thomas Abner v. Illinois Department of Transportation, No. 11-1342, 7th Cir.; 2012 U.S. App. LEXIS 5852). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - The 11th Circuit U.S. Court of Appeals on April 6 upheld a trial court ruling in favor of a moving company, finding that a former driver failed to show that he was written up and eventually terminated as the result of discrimination or retaliation (Danny Hawk v. Atlanta Peach Movers, No. 11-13829, 11th Cir.; 2012 U.S. App. LEXIS 6914). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 4 upheld a district court's rejection of unlawful retaliation claims filed against an airline by a furloughed employee (Michele Yancy v. U.S. Airways, Inc., No. 11-30799, 5th Cir.; 2012 U.S. App. LEXIS 6729). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ABINGDON, Va. - A man's claim that he was fired in violation of the Genetic Information Nondiscrimination Act (GINA) due to his wife's multiple sclerosis fails because the act is directed to family medical history and genetic traits, not the medical diagnosis of a spouse, a Virginia federal judge held April 4 in dismissing the claim from a wrongful termination complaint (Mark Poore v. Peterbilt of Bristol, LLC, et al., No. 1:11-cv-00088, W.D. Va.; 2012 U.S. Dist. LEXIS 47114). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A modeling company employee who is HIV positive did not provide sufficient evidence to create a triable issue of fact about whether he was qualified to perform his position with or without reasonable accommodation or that he was fired because of his HIV diagnosis, a New York federal judge held March 9 in granting the company summary judgment on the employee's discrimination claims (John Doe v. Major Model Management Inc., et al., No. 11-6182, S.D. N.Y.; 2012 U.S. Dist. LEXIS 32064). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BATON ROUGE, La. - A former insurance company worker's disability discrimination claims fail because she did not show that her irritable bowel syndrome (IBS) caused her to be disabled within the meaning of the Americans with Disabilities Act (ADA), a Louisiana federal judge held April 5 in granting summary judgment to the woman's former employer (Christine Deeds v. State Farm Mutual Automobile Insurance Company, No. 10-142, M.D. La.; 2012 U.S. Dist. LEXIS 48341). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 15 reinstated an auto technician's disability bias claim against his former employer, who terminated him when he returned from medical leave; however, the panel affirmed the rejection of the employee's race bias claim (Stephen Corey James v. Sutliff Saturn, Inc., No. 10-4742, 3rd Cir.; 2012 U.S. App. LEXIS 5438). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A U.S. Postal Service (USPS) employee was neither disabled nor perceived as disabled despite the fact that she collected workers' compensation, the First Circuit U.S. Court of Appeals ruled March 14, upholding a district court ruling (Marilyn McDonough v. Patrick R. Donahoe, No. 11-1477, 1st Cir.; 2012 U.S. App. LEXIS 5373). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - A former data entry clerk for a bank was fired for violating the bank's attendance policy, not because she is deaf, an Ohio federal judge found March 19 in granting the bank summary judgment on the woman's disability discrimination claims (Angel Suttles v. U.S. Bank, N.A., No. 1:10-cv-494, S.D. Ohio; 2012 U.S. Dist. LEXIS 36823). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A former Texas agency employee failed to show that he was the victim of disability discrimination or retaliation when his position was one of two eliminated several months after he took medical leave, the Fifth Circuit U.S. Court of Appeals ruled March 19, affirming a District Court ruling (Andrew Amsel v. The Texas Water Development Board, et al., No. 11-50255, 5th Cir.; 2012 U.S. App. LEXIS 5681). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 14 reversed a trial court's denial of a motion to compel arbitration in a wage-and-hour collective action, finding that the district court erred when it found genuine disputes of material fact that might render the arbitration agreement unconscionable and unenforceable (Janice Quilloin, et al. v. Tenet HealthSystem Philadelphia, Inc., et al., No. 11-1393, 3rd Cir.; 2012 U.S. App. LEXIS 5353). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - A parochial school teacher who was artificially inseminated raises "plausible claims" that a Catholic archdiocese illegally discriminated against her by firing her because of her pregnancy, an Ohio federal judge held March 29 after waiting for and then using guidance from an opinion by the U.S. Supreme Court on the constitutionality of the "ministerial exception" to Title VII (Christa Dias v. Archdiocese of Cincinnati, et al., No. 1:11-cv-00251, S.D. Ohio; 2012 U.S. Dist. LEXIS 43240). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - A Pennsylvania federal judge erred when he found that opt-out class actions based on state employment laws were incompatible with the opt-in procedure provided by federal law, the Third Circuit U.S. Court of Appeals ruled March 27 (Daniel Knepper v. Rite Aid Corporation, et al., No. 11-1684, James Fisher, et al. v. Rite Aid Corporation, et al., No. 11-1685, 3rd Cir.; 2012 U.S. App. LEXIS 6216). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A New York federal judge on April 9 declined to certify a nationwide class of utility meter service workers but conditionally certified a local class of meter workers in a complaint alleging wage-and-hour violations by the employer (Michael McGlone v. Contract Callers, Inc., et al., No. 11-3004, S.D. N.Y.; 2012 U.S. Dist. LEXIS 49702). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BROOKLYN, NY - A New York federal judge on April 2 certified a class action and a collective action for wage-and-hour claims of construction workers against defaulted companies and officers, stating that certification is appropriate despite the defaults because the employers "cannot prevent their employees from obtaining their full procedural and substantive rights under federal and state law by cowering silently in the swamp of neglect of employees' claims for wages" (Stanisla V. Poplawski, et al. v. Metroplex on the Atlantic, LLC, et al., No. 1:11-cv-3765, E.D. N.Y.; 2012 U.S. Dist. LEXIS 46408). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A Massachusetts federal judge on March 16 remanded a wage-and-hour class action complaint filed by pharmacy employees to state court because the employer failed to show that the amount in controversy exceeds $5 million (David Romulus, et al. v. CVS Pharmacy, Inc., et al., No. 11-11734, D. Mass.; 2012 U.S. Dist. LEXIS 35220). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - Delivery drivers in Pennsylvania for a financial and medical courier company can pursue class action claims that their employer misclassified them as independent contractors rather than employees, a federal judge ruled March 8 in granting in part a motion for class certification (Elizabeth Sherman, et al. v. American Eagle Express, Inc., d/b/a AEXGroup, No. 09-575, E.D. Pa.; 2012 U.S. Dist. LEXIS 30728). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A California federal judge on March 26 certified a class of flooring company workers for a claim of unpaid overtime wages but denied certification of four other classes in a wage-and-hour lawsuit filed by two former employees of the company (Crelencio Chavez and Jose Zaldivar v. Lumber Liquidators, Inc., et al., No. 09-4812, N.D. Calif.; 2012 U.S. Dist. LEXIS 40984). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GREENBELT, Md. - A Maryland federal judge on March 13 conditionally certified a class of nursing home employees in an action alleging unpaid wages, finding that the plaintiffs "have made a modest factual showing that they were victims of a common policy or scheme" in violation of federal law (Belad Liku Diana Essame, et al. v. SSC Laurel Operating Company LLC, No. 8:10-cv-03519, D. Md.; 2012 U.S. Dist. LEXIS 31901). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank FRESNO, Calif. - An expert failed to consider numerous factors in determining whether a customer service manager was receiving equal pay, a federal judge in California held March 16 in excluding his testimony (Cindy LaCava v. Merced Irrigation District, et al., No. 1:10-CV-00853 LJO DLB, E.D. Calif.; 2012 U.S. Dist. LEXIS 36050). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2023%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - Registered nurses (RNs) failed to produce evidence of an agreement among eight Detroit-area hospitals to fix the compensation of RNs sufficient to defeat the hospitals' motions for summary judgment on the RNs' conspiracy claims, but the RNs did produce sufficient evidence to establish anti-competitive effects resulting from the exchange of compensation-related information among the hospitals in violation of federal antitrust law, a federal judge in Michigan ruled March 22 (Pat Cason-Merenda, et al. v. Detroit Medical Center, et al., No. 06-15601, E.D. Mich.; 2012 U.S. Dist. LEXIS 38810). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2024%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Servers, bartenders and other workers employed at restaurants owned by celebrity Chef Mario Batali on March 5 moved for preliminary approval of a $5.25 million settlement in their wage-and-hour class dispute filed in the U.S. District Court for the Southern District of New York (Stephanie Capsolas, et al. v. Pasta Resources Inc., et al., No. 10-5595, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2025%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PADUCAH, Ky. - A Kentucky federal judge on March 12 denied a motion for approval of a $90,000 settlement in a dispute over unpaid retention bonuses after finding that the interests of all class members were not adequately represented (Kenneth Callender, et al. v. Coastal International Security, Inc., et al., No. 10-220, W.D. Ky.; 2012 U.S. Dist. LEXIS 32692). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2026%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 8 reversed a trial court ruling remanding a wage suit filed by a class of truck drivers to state court, finding that the amount in dispute is in excess of $5 million (Brandon Campbell, et al. v. Vitran Express, Inc., No. 12-55052, 9th Cir.; 2012 U.S. App. LEXIS 4864). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2027%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Louisiana federal judge on March 13 granted a motion to dismiss more than 300 opt-in plaintiffs in a compensation dispute following a denial of class certification (Lonzo J. Clay, et al. v. Huntington Ingalls, Inc., No. 09-7625, E.D. La.; 2012 U.S. Dist. LEXIS 33195). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2028%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - A New Jersey appellate panel on March 27 reversed denial of class certification in a case accusing a pharmacy chain of failing to properly classify its assistant managers as eligible to receive overtime wages (Jennifer Hearn, et al. v. Rite Aid Corporation, et al., No. A-2009-10T1, N.J. Sup., App. Div.; 2012 N.J. Super. Unpub. LEXIS 643). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2029%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - A California federal judge on April 2 partially granted a motion for class certification in a lawsuit filed against an Indian company and one of its divisions accused of breaching its contracts with its employees and violating California's Labor Code and unfair competition law (UCL) (Gopi Vedachalam, et al. v. Tata Consultancy Services, Ltd., et al., No. 06-963, N.D. Calif.; 2012 U.S. Dist. LEXIS 46429). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2030%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on March 15 upheld the denial of class certification in a wage-and-hour lawsuit filed by two California recruiters (Ryan Delodder, et al. v. Aerotek Inc., et al., No. 10-56755, 9th Cir.; 2012 U.S. App. LEXIS 5479). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2031%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. JOSEPH, Mo. - A Missouri federal judge on March 29 conditionally certified a class of supermarket employees in a complaint alleging that the employer misclassified assistant store managers so it did not have to pay them overtime wages (Gregory A. Chapman v. Hy-Vee, Inc., No. 10-cv-6128, W.D. Mo.; 2012 U.S. Dist. LEXIS 43829). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2032%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on April 5 reversed and remanded a district court's ruling that had affirmed an arbitrators' award to a debtor company after two unions sued the company seeking payment for vacation benefits accrued prior to the plant's closing. The Fourth Circuit said that the collective bargaining agreement (CBA) between the parties did not address whether the benefits survived following the closing of the plant (Intermet Corporation v. United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union, No. 11-1766, Chapter 11, 4th Cir.; 2012 U.S. App. LEXIS 7001). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2033%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW HAVEN - Several construction unions and employers may continue with their claims that a carpenter union's signatory subcontracting clause in its collective bargaining agreements violates antitrust laws, a federal judge in Connecticut ruled March 20, concluding that the agreements may not be "true" collective bargaining agreements subject to the antitrust labor exemption (Connecticut Ironworkers Employers Assoc., et al. v. New England Regional Council of Carpenters, No. 3:10cv165, D. Conn.; 2012 U.S. Dist. LEXIS 37523). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2034%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MADISON, Wis. - A Wisconsin federal judge on March 30 struck down two provisions of a controversial state law that strips away most collective bargaining rights for nonpublic safety public employees, finding that the provisions violate the equal protection clause and First Amendment of the U.S. Constitution (Wisconsin Education Association Council, et al. v. Scott Walker, et al., No. 3:11-cv-00428, W.D. Wis.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2035%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 26 affirmed a National Labor Relations Board ruling that a hospital's actions violated the National Labor Relations Act (NLRA) and upheld a decision not to reopen the record to allow the hospital to present evidence that a supervisor whose actions were in question was exempt from NLRA protection as a registered nurse (National Labor Relations Board v. Barstow Community Hospital-Operated by Community Health Systems, Inc., No. 10-73450, 9th Cir.; 2012 U.S. App. LEXIS 6169). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2036%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 19 upheld a National Labor Relations Board ruling, finding that a challenged union election ballot that had marks in the boxes for both unions was clear and unambiguous (Ruan Transport Corporation v. National Labor Relations Board, Nos. 11-1883 & 11-2058, 7th Cir.; 2012 U.S. App. LEXIS 5637). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2037%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled March 20 (Dana Roberts v. Sea-Land Services, Inc., et al., No. 10-1399, U.S. Sup.; See January 2012, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2038%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A former FedEx Freight Inc. employee failed to prove that she was fired in retaliation based on her filing or expected filing for workers' compensation benefits, the Seventh Circuit U.S. Court of Appeals ruled March 22, upholding a trial court ruling (Marion Gordon v. FedEx Freight, Inc., No. 11-2890, 7th Cir.; 2012 U.S. App. LEXIS 5962). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2039%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Kelley, Drye & Warren has agreed to end its policy of requiring partners to give up their equity in the firm once they reach 70 years old and to pay $574,000 to an attorney who continued to practice at the firm after he turned 70, the Equal Employment Opportunity Commission announced April 11 (Equal Employment Opportunity Commission v. Kelly Drye & Warren, LLP, No. 10-655, S.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2040%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A woman who worked for a county in Colorado for more than 30 years submitted sufficient evidence, including an "age spreadsheet" created by the county, showing that age may have been a determining factor in the county not allowing her to apply for a promotion and then terminating her employment, a Colorado federal judge held April 5 in denying summary judgment to the county on the woman's discrimination claims (Cindy Enos-Martinez v. Board of County Commissioners of the County of Mesa, No. 10-cv-00033, D. Col.; 2012 U.S. Dist. LEXIS 48096). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2041%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MILWAUKEE - While expressing sympathy for two women who were laid off after working for a company for more than 25 years, a Wisconsin federal judge on March 16 granted their former employer summary judgment on the women's claims of age and gender discrimination, finding that the women had failed to establish prima facie cases (Jacqueline Herd-Barber and Janet Jastremski v. Freescale Semiconductor, Inc., No. 09-cv-535, E.D. Wis.; 2012 U.S. Dist. LEXIS 35560). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2042%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WHITE PLAINS, NY - A former Wal-Mart worker alleging age discrimination against the retailer failed to prove that she suffered an adverse employment action, and Wal-Mart's alleged illegal conduct "did not permeate the workplace with discriminatory intimidation that was sufficiently severe or pervasive to alter the conditions of her work environment," a New York federal magistrate judge held March 22 in granting Wal-Mart summary judgment (Elsie Crowell v. Wal-Mart Stores, Inc., et al., No. 10-01116, S.D. N.Y.; 2012 U.S. Dist. LEXIS 39448). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2043%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A Colorado federal judge on April 6 rejected a magistrate's recommendation and granted summary judgment to an art museum on a former custodian's claims of race and age discrimination for failure to promote (Ronald D. Robinson v. Denver Art Museum, No. 11-cv-00315, D. Colo.; 2012 U.S. Dist. LEXIS 48858). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2044%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TRENTON, N.J. - A former Wall Street Journal Radio Network newscaster's claims that his employer discriminated against him because of his race and age and fired him in retaliation for his union activities all fail because they were filed too late, a New Jersey federal judge ruled March 27 (Dean W. Schomburg v. Dow Jones & Co., et al., No. 11-3410, D. N.J.; 2012 U.S. Dist. LEXIS 41563). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2045%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case name: Albert Ruben, et al. v. Creative Artists Agency, LLC Case number: BC268879 Court: Calif. Super., Los Angeles Co. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2046%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINNEAPOLIS - Northwest Airlines' defined contribution pension plan does not discriminate based on age in violation of the Employee Retirement Income Security Act or the Age Discrimination in Employment Act (ADEA), even though the formula for determining a participant's benefit level includes factors that are "correlated with age," the Eighth Circuit U.S. Court of Appeals affirmed April 9 (Northwest Airlines, Inc., et al. v. Raymond B. Phillips, et al., No. 11-1730, 8th Cir.; 2012 U.S. App. LEXIS 7072). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2047%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case name: Randy Dossat v. Hoffmann-La Roche, Inc., et al. Case number: 09-245 Court: D. Nev. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2048%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - A collective bargaining agreement (CBA) provision that requires the union to indemnify the employer for liability for withdrawal from a multiemployer pension plan does not violate public policy because the fiduciary is still liable, the Sixth Circuit U.S. Court of Appeals affirmed March 16 in an issue of first impression (Shelter Distribution, Inc. v. General Drivers, Warehousemen & Helpers Local Union No. 89, No. 11-5450, 6th Cir.; 2012 U.S. App. LEXIS 5501). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2049%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - Retirees on April 9 sought reconsideration of a federal judge in Michigan's determination that they lacked standing to seek a declaration clarifying their rights to lifetime retiree health care benefits under the Employee Retirement Income Security Act and the Labor Management Relations Act (LMRA) (Gerald E. Hawkins, et al. V. Howden Buffalo, Inc., No. 05-CV-74437, E.D. Mich.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2050%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A federal judge in New York on March 7 dismissed with prejudice former and current employees' claims that a health care consortium breached its fiduciary duty under the Employee Retirement Income Security Act by failing to credit their retirement plans for the actual number of hours worked because the plans tied benefits to compensation actually paid (Claudia DeSilva, et al. v. North Shore-Long Island Jewish Health System, Inc., et al., No. 10-CV-1341, E.D. N.Y.; 2012 U.S. Dist. LEXIS 30597). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2051%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on March 16 reversed a district court ruling that an alleged discriminatory denial of severance benefits did not constitute an adverse employment action (Karla Gerner v. County of Chesterfield, Virginia, No. 11-1218, 4th Cir.; 2012 U.S. App. LEXIS 5559). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2052%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN DIEGO - The question of whether CVS Pharmacy violates state labor laws by not providing seats for cashiers does not have a common answer for a proposed class of more than 17,000 cashiers at CVS stores in California, a federal judge in that state held April 4 in denying class certification in a former cashier's lawsuit against the company (Nykeya Kilby v. CVS Pharmacy, Inc., No. 09-cv-2051, S.D. Calif.; 2012 U.S. Dist. LEXIS 47855). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2053%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank INDIANAPOLIS - A former employee of a Fortune 500 diesel engine and power company established a prima facie case of hostile work environment due to race- and disability-based harassment and retaliation for reporting the harassment, an Indiana federal judge held March 26 in denying the company's motion for summary judgment (Adrian Jenkins v. Cummins, Inc., No. 1:10-cv-313, S.D. Ind.; 2012 U.S. Dist. LEXIS 40667). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2054%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on March 12 affirmed a ruling in favor of the defendants in an unlawful termination case brought by a U.S. Coast Guard subcontractor, finding that allowing the claims to proceed "would reward artful pleading and impermissibly constitutionalize state tort law" (Adam J. Shirvinski v. United States Coast Guard, et al., No. 10-2424, 4th Cir.; 2012 U.S. App. LEXIS 5106). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2055%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A warden at a Texas prison failed to show that his employer improperly demoted him or discriminated against him because of his race, the Fifth Circuit U.S. Court of Appeals ruled March 16, affirming (Jose F. Luna v. Corrections Corporation of America, No. 11-10483, 5th Cir.; 2012 U.A. App. LEXIS 5516). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2056%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - Evidence provided by a cement truck driver fails to support his race discrimination claims against his former employer but instead merely "tells a tale perhaps of an employment relationship gone awry," a Virginia federal judge held March 26 in granting the employer's motion for summary judgment (Milton D. Thorpe v. Mechanicsville Concrete, LLC, d/b/a Powhatan Ready Mix, No. 3:10-cv-797, E.D. Va.; 2012 U.S. Dist. LEXIS 41194). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2057%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CAPE GIRARDEAU, Mo. - An alleged racial slur by a town official constitutes direct evidence of discrimination against the police chief and establishes a prima facie case for the chief in the lawsuit she filed against the town after she was laid off, a Missouri federal judge held March 12 in denying the town summary judgment (Sydney Williams v. City of Marston, No. 1:10-cv-00081, E.D. Mo.; 2012 U.S. Dist. LEXIS 32508). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2058%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - Microsoft Corp. had a legitimate reason for firing a black employee who had not worked for months because of a medical leave, and the reason was not pretext for discrimination, a New York federal judge held March 27 in granting the company's motion for summary judgment on the former employee's wrongful termination claims (Alson Alston v. Microsoft Corp., No. 08-3547, S.D. N.Y.; 2012 U.S. Dist. LEXIS 42119). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2059%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A bridal alterationist may proceed with her racial discrimination claim against her former employer, the Ninth Circuit U.S. Court of Appeals ruled April 6, partially reversing a trial court ruling dismissing the worker's race, age and disability discrimination claims (Margaret Branscomb v. Group USA Inc., No. 11-15067, 9th Cir.; 2012 U.S. App. LEXIS 6975). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2060%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. PAUL, Minn. - The Eighth Circuit U.S. Court of Appeals on April 6 upheld a federal trial court's rejection of a machine operator's racial discrimination and medical leave violation claims, finding that he failed to show that the disciplinary actions taken against him, including his termination, were linked to his race or that any other similarly situated employee was treated differently (Johnny Chappell v. The Bilco Company, No. 11-1243, 8th Cir.; 2012 U.S. App. LEXIS 6792). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2061%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - The Second Circuit U.S. Court of Appeals on March 16 upheld a District Court's rejection of a New York woman's race and age bias claims, finding that her former employer never had the minimum number of employees during the time in question to allow the claims to proceed (Maling Feliciano v. 131st Block Association Inc., et al., No. 11-516, 2nd Cir.; 2012 U.S. App. LEXIS 5595). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2062%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CAPE GIRARDEAU, Mo. - A psychiatric rehabilitation social worker failed to establish a prima facie case that the reason she was fired after missing three days of work is that she is black, a Missouri federal magistrate judge held April 6 in granting her former employer summary judgment on her discrimination claims (Kathie Harrington v. Bootheel Counseling Services, Inc., No. 1:10-cv-00019, E.D. Mo.; 2012 U.S. Dist. LEXIS 48878). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2063%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - The Equal Employment Opportunity Commission on March 30 announced that AutoZone Inc. will pay $75,000 to settle a religious discrimination lawsuit filed by a Sikh employee (Equal Employment Opportunity Commission, et al. v. AutoZone, Inc., et al., No. 10-11648, D. Mass.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2064%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A federal trial court erred when it ruled that a stipulation agreement between the United States and a former employee of the U.S. Postal Service (USPS) was not enforceable as a contract within the jurisdiction of the Court of Federal Claims, the Federal Circuit Court of Appeals ruled March 23 in a matter of first impression (Gladys S. VanDesande v. United States, No. 2011-5012, Fed. Cir.; 2012 U.S. App. LEXIS 6083). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2065%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ABERDEEN, Miss. - A Mississippi federal judge, citing "conflicting descriptions of a muddled set of facts," on March 8 denied summary judgment to a city on a police officer's claim that she was turned down for a promotion because of her sex (Bethany K. Smith v. City of Tupelo, Mississippi, No. 1:10-cv-217, N.D. Miss.; 2012 U.S. Dist. LEXIS 30721). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2066%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - A California federal judge on March 20 denied class certification in a lawsuit filed by 10 female prison employees alleging sex discrimination based on a policy at all California state prisons that condones and accepts inmate exhibitionist (IEX) behavior directed at female staff (Martha Berndt, et al. v. California Department of Corrections, et al., No. 03-3174, N.D. Calif.; 2012 U.S. Dist. LEXIS 37755). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2067%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LITTLE ROCK, Ark. - A split Arkansas Supreme Court on March 29 rejected a state statute that allows a teacher to be charged with second-degree sexual assault for engaging in a sexual relationship with a student who is between 18 and 20 years old (David Waldon Paschal v. State of Arkansas, No. CR 11-673, Ark. Sup.; 2012 Ark. LEXIS 158). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2068%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A former financial services company auditor failed to prove that her whistle-blowing activity, and not poor job performance, resulted in her termination, the Seventh Circuit U.S. Court of Appeals ruled March 27, upholding a trial court ruling (Beverly E. Robinson v. Morgan Stanley, et al., No. 11-3243, 7th Cir.; 2012 U.S. App. LEXIS 6235). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2069%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A former university employee failed to prove that his employer violated the Family and Medical Leave Act (FMLA) when it terminated him while he was out on leave after it was shown that he obstructed the university's ability to carry on his duties in his absence, the 10th Circuit U.S. Court of Appeals ruled April 6, upholding a trial court ruling (Michael T. Sabourin v. University of Utah, No. 10-4150, 10th Cir.; 2012 U.S. App. LEXIS 6985). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2070%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Albemarle Corporation v. United Steelworkers, on behalf of AOWU Local 103, No. 11-31185, 5th Cir.; See March 2012, Page 72. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2071%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Gloria Lee v. Regional Nutrition Assistance, Inc., et al., No. 11-31084, 5th Cir. Appellant brief: Filed Feb10 by Gloria LeeBrief available 73-120413-508B http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2072%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Michael Luchini, et al. v. CarMax, Inc., et al., No. 12-417, E.D. Calif. Complaint: Filed March 21 by Michael LuchiniComplaint available 43-120406-007C http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2073%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Martha Lushute v. State of Louisiana, Department of Social Services, No. 12-30013, 5th Cir.; See March 2012, Page 75. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2074%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: National Association of Manufacturers, et al. v. National Labor Relations Board, et al., No. 12-5068, D.C. Cir. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2075%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Webster Proctor, et al. v. Nike Retail Services, Inc., et al., No. 11-6711, N.D. Calif.; See March 2012, Page 76. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2076%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Franklin Quezada, et al. v. Schneider Logistics Transloading & Distribution, Inc., et al., No. 12-2188, C.D. Calif. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2077%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Luis A. Rivera-Melendez, et al. v. Pfizer Pharmaceuticals, LLC, No. 12-1023, 1st Cir. Appellant brief: Filed March 20 by Luis ARivera-Melendez and Wanda Otero RiveraBrief available 73-120413-507B http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2078%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Mark Rypien, et al. v. National Football League, et al., No. 12-1496, E.D. Pa. Complaint: Filed March 23 by Mark Rypien, other former professional football players and their spousesComplaint available 43-120406-014C http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-9%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2079%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Virginia Van Dusen, et al. v. Swift Transportation Co., Inc, et al., No. 11-17916, 9th Cir. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - Police officers who executed a search warrant that was later found to be defective are nonetheless entitled to qualified immunity in a lawsuit filed by the individuals who were the subject of the search, a split U.S. Supreme Court ruled Feb. 22 (Curt Messerschmidt, et al. v. Brenda Millender, as Executor of the Estate of Augusta Millender, Deceased, et al., No. 10-704, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SACRAMENTO, Calif. - A California federal jury on Feb. 29 returned a $167,730, 488 verdict for a physician's assistant who claimed that she was the subject of derogatory gender-based comments and sexual comments by doctors and was terminated in retaliation for repeatedly complaining about the comments (Ani Chopourian v. Catholic Healthcare West, et al., No. 09-2972, E.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 13 reversed a trial court's minimal attorney fee award for the prevailing party in an employment retaliation suit and remanded, ordering a recalculation of fees, including reasonably required hours to see the case through trial (Robert S. Johnson v. GDF, Inc. d/b/a Domino's Pizza, No. 11-1934, 7th Cir.; 2012 U.S. App. LEXIS 2810). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PASADENA, Calif. - A district court chose the wrong state law to apply to a dispute over the classification of drivers, the Ninth Circuit U.S. Court of Appeals ruled Feb. 8, vacating the decision to apply Georgia law and remanding the matter for consideration under California law (Fernando Ruiz, et al. v. Affinity Logistics Corporation, No. 10-55581, 9th Cir.; 2012 U.S. App. LEXIS 2450). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MACON, Ga. - A Georgia federal judge on Feb. 23 denied a motion to approve a joint motion for settlement in a collective action lawsuit filed by employees of a group of automobile dealerships seeking unpaid wages (Johnny Green, et al. v. Butler Volkswagen, Inc., et al., No. 11-291, M.D. Ga.; 2012 U.S. Dist. LEXIS 22902). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 27 denied a petition for writ of certiorari in the appeal of a Fourth Circuit U.S. Court of Appeals ruling that found the time poultry-processing plant workers spend donning and doffing safety gear to be compensable (Mountaire Farms, Inc., et al. v. Luisa Perez, et al., No. 11-497, U.S. Sup.; 2012 U.S. LEXIS 1728; See June 2011, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NORFOLK, Va. - A Virginia federal judge on Feb. 13 conditionally certified a class of employees suing their employer for allegedly failing to pay for work performed before and after the employees' shifts and for failing to pay employees in a timely manner (Anewbis Hargrove, et al. v. Ryla Teleservices, Inc., No. 11-344, E.D. Va.; 2012 U.S. Dist. LEXIS 17702). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 24 ruled that a school board insured's failure to comply with the Fair Labor Standards Act (FLSA) was a wrongful act under an insurance policy, further finding that although a judgment awarding unpaid wages would not be a covered loss, any duty to pay liquidated damages and attorney fees is covered (Republic Franklin Insurance Company v. Albemarle County School Board, No. 10-1961, 4th Cir.; 2012 U.S. App. LEXIS 3735). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BALTIMORE - A Maryland federal judge on March 5 refused to conditionally certify a class of construction workers at two hospital projects who are alleging wage-and-hour violations, finding that the workers failed to provide sufficient factual support for conditional certification and the case would be unmanageable if certified as a collective action (Eugene V. Bouthner, Jr., et al. v. Cleveland Construction, Inc., et al., No. 11-0244, D. Md.; 2012 U.S. Dist. LEXIS 28497). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JOSE, Calif. - A company that provides security officers for federal buildings nationwide will pay more than $600,000 to settle a class action lawsuit alleging wage-and-hour violations in California, according to an order granting preliminary approval of the settlement signed Feb. 8 by a California federal judge (Konstantinos Moshogiannis v. Security Consultants Group, Inc., No. 5:10-Cv-05971, N.D. Calif.; 2012 U.S. Dist. LEXIS 16287). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - Class action wage-and-hour claims filed by ice cream delivery drivers in a California court do not require interpretation of a union contract and therefore should be adjudicated in the state court, a federal judge ordered Feb. 14 in remanding the case (Charles Smith, et al. v. Dreyer's Grand Ice Cream, Inc., et al., No. 11-5233, N.D. Calif.; 2012 U.S. Dist. LEXIS 18322). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2012%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BAY CITY, Mich. - A deep sea ocean carrier properly excluded overtime pay when calculating the amount of unearned wages to be paid to an injured seaman because that was the company's longstanding practice, a Michigan federal judge held Feb. 15 in granting the company summary judgment on the seaman's class action unpaid overtime claims (Jared Smith v. Waterman Steamship Corporation, No. 10-12759, E.D. Mich.; 2012 U.S. Dist. LEXIS 18783). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2013%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case name: Richard Kritzer, et al. v. Safelite Solutions, LLC, et al. Case number: 10-729 Court: S.D. Ohio http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2014%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank INDIANAPOLIS - The Indiana Supreme Court on Feb. 16 limited the back pay recovery for Indiana state employees suing over a disparity in hourly wages (Richmond State Hospital, et al. v. Paula Brattain, et al., No. 49S02-1106-CV-327, Ind. Sup.; 2012 Ind. LEXIS 16). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2015%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank TOPEKA, Kan. - A Kansas federal judge on Feb. 6 conditionally certified a class of beef-processing plant employees who claim that they were subjected to "gang time" pay and are owed unpaid wages (Paz Sanchez, et al. v. Creekstone Farms Premium Beef, LLC, No. 11-4037, D. Kan.; 2012 U.S. Dist. LEXIS 13458). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2016%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OMAHA, Neb. - A Nebraska meat-processing company has settled several wage-and-hour lawsuits for $3.9 million, according to a federal judge's Feb. 9 order granting preliminary approval to a class action settlement (Fermin Cortez, et al. v. Nebraska Beef, Inc., and Nebraska Beef, Ltd., No. 08-90, D. Neb.; David Chuol v. Nebraska Beef, Ltd., No. 08-99, D. Neb.; 2012 U.S. Dist. LEXIS 15846). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2017%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DENVER - A Colorado federal judge on Feb. 28 conditionally certified a collective action alleging that the operators of Pizza Hut restaurants in four states failed to pay delivery drivers the federal minimum wage by not reimbursing them enough for vehicle-related expenses (Robert Darrow v. WKRP Management, LLC, et al., No. 09-CV-01613, D. Colo.; 2012 U.S. Dist. LEXIS 24997). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2018%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - The question presented by a class of restaurant workers who allege that they were not paid the minimum wage for work they did unrelated to their tipped job can be resolved by a common answer, an Illinois federal magistrate judge held March 2 in rejecting the employer's bid to decertify the class based on the landmark ruling in Wal-Mart Stores, Inc. v. Betty Dukes, et al. (Glenn Driver, et al. v. AppleIllinois, LLC d/b/a Applebee's Neighborhood Grill & Bar, et al., No. 06-6149, N.D. Ill.; 2012 U.S. Dist. LEXIS 27659). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2019%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank LITTLE ROCK, Ark. - An Arkansas federal judge on Feb. 22 certified a class of Butterball LLC poultry-processing plant workers for a complaint alleging unpaid donning-and-doffing wages, finding that the class meets typicality and adequacy requirements that a proposed class in a companion case failed to show (Roxie Garner, et al. v. Butterball, LLC, and Gary R. Lenaghan, No. 4:10-cv-01025, E.D. Ark.; 2012 U.S. Dist. LEXIS 21859). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2020%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank DETROIT - A Michigan federal judge on Feb. 21 conditionally certified a class of Chrysler Group LLC nonunion contract employees for a collective action alleging overtime violations of the Fair Labor Standards Act (FLSA) (Lisa Knispel and Karen Brandelik v. Chrysler Group LLC, No. 11-11886, E.D. Mich.; 2012 U.S. Dist. LEXIS 21188). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2021%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Feb. 16 partially reversed and partially vacated a District Court ruling in a lawsuit filed by a group of Indian-origin cardiologists after their clinical privileges were revoked (Ajay Gaalla, M.D., et al. v. David P. Brown, et al., No. 10-41332, 5th Cir.; 2012 U.S. App. LEXIS 3036). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2022%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 28 reversed a trial court granting of a new trial and vacated the second verdict in a tortious interference with job offer suit and ordered the reinstatement of the first verdict in favor of the employer (William F. Raedle v. Credit Agricole Indosuez, et al., No. 10-2565, 2nd Cir.; 2012 U.S. App. LEXIS 4000). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2023%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - An investor in a Texas limited liability corporation was not an employer under the Fair Labor Standards Act (FLSA), the Fifth Circuit U.S. Court of Appeals ruled Feb. 29, affirming a district court ruling (Nicholas Gray, et al. v. Michael Warren Powers, No. 10-20808, 5th Cir.; 2012 U.S. App. LEXIS 4111). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2024%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The District of Columbia Circuit Court of Appeals on March 2 reversed a finding by the National Labor Relations Board (NLRB) that Comau Inc., a manufacturer of industrial systems and automated assembly lines, committed an unfair labor practice (ULP) by unilaterally changing its employees' health care benefits (Comau, Inc. v. National Labor Relations Board, No. 10-1406, D.C. Cir.; 2012 U.S. App. LEXIS 4276). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2025%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GREENSBORO, N.C. - A North Carolina federal judge on Feb. 24 granted final approval of a $5,376,500 common fund established in the second phase of a settlement in a class complaint alleging that a hospital breached its fiduciary duty when it selected its own subsidiary as the network provider for its employees' health plan knowing that its subsidiary would provide the hospital with inflated reimbursement rates (John and Jane Does 1-5, et al. v. North Carolina Baptist Hospital, et al., No. 09-12, M.D. N.C.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2026%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MADISON, Wis. - A Wisconsin federal judge on Feb. 15 certified a class of 311 Kraft Foods Global Inc. retirees for a complaint alleging that the company violated federal labor laws when it made changes to retiree health care plans (Richard Bauer, et al. v. Kraft Foods Global, Inc., No. 11-15, W.D. Wis.; 2001 U.S. Dist. LEXIS 26581). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2027%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - The Employee Retirement Income Security Act preempts a retiree's state law claims alleging that his former employer violated an employment agreement to calculate his pension benefits in a manner that was prescribed by the pension plan in effect at the time the agreement was signed, the Second Circuit U.S. Court of Appeals ruled 2-1 on Feb. 9 (Aries Arditi v. Lighthouse International, No. 11-423, 2nd Cir.; 2012 U.S. App. LEXIS 2553). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2028%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - Siemens Corp. did not violate the Employee Retirement Income Security Act by refusing to provide permanent job separation benefits to employees who transferred employment from Westinghouse Electric Corp. to Siemens Corp. pursuant to an asset purchase agreement because Siemens did not adopt the Westinghouse plan, which provided such benefits, as an ERISA "transition" plan, the Third Circuit U.S. Court of Appeals ruled Feb. 29 (Ronald Shaver, et al. v. Siemens Corporation, et al., Nos. 10-4147, 10-4279, 10-4791, 10-4792, 3rd Cir.; 2012 U.S. App. LEXIS 4081). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2029%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for a writ of certiorari filed by cash balance pension plan participants asking the court to determine whether the Treasury Department's interpretation of its regulations on backloading from a "period of zero accruals" is entitled to deference and whether periods of "wear-away" are excepted from the Age Discrimination in Employment Act's (ADEA) protections (Wayne Tomlinson, et al. v. El Paso Corporation, et al., No. 11-795, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2030%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank BOSTON - A district court erred when it dismissed a federal breach of contract complaint by a former employee of a television broadcaster in deference to litigation pending in the Commonwealth of Puerto Rico, the First Circuit U.S. Court of Appeals ruled Feb. 24 (Mayda Nazario-Lugo v. Caribevisi[#243]n Holdings, Inc., Nos. 10-1728, 10-1945, 1st Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2031%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The relationship between an employer and the union representing its employees is governed by Section 9(a) of the National Labor Relations Act (NLRA), not Section 8(f) of the NLRA or 29 U.S. Code Section 158(f), the District of Columbia Circuit Court of Appeals ruled Feb. 17 (Allied Mechanical Services, Inc. v. National Labor Relations Board, No. 10-1328, D.C. Cir.; 2012 U.S. App. LEXIS 3118). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2032%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - An Ohio employer's anti-union animus violated the National Labor Relations Act (NLRA), the Sixth Circuit U.S. Court of Appeals ruled March 2 (National Labor Relations Board v. Galicks, Inc., Nos. 10-2028/2121, 6th Cir.; 2012 U.S. App. LEXIS 4284). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2033%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - A New Jersey employer violated the National Labor Relations Act (NLRA) when it unlawfully packed the bargaining unit with new hires and refused to recognize and bargain with the elected union, the Third Circuit U.S. Court of Appeals ruled Feb. 9, enforcing an order by the National Labor Relations Board (National Labor Relations Board v. Regency Grande Nursing & Rehabilitation Center, No. 11-2299, 3rd Cir.; 2012 U.S. App. LEXIS 3080). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2034%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The U.S. Congress, through the Civil Service Reform Act (CSRA), did not revoke the district courts' jurisdiction over lawsuits brought by federal employees seeking to declare acts of Congress unconstitutional, the attorney representing four former federal employees argued Feb. 27 before the U.S. Supreme Court (Michael B. Elgin, et al. v. Department of the Treasury, et al., No. 11-45, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2035%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GREENVILLE, S.C. - A convenience store manager failed to show he was fired for reporting a worker's sexual harassment charge against another manager, a South Carolina federal judge held March 2 in granting summary judgment to the store operator on the fired manager's retaliation claim (Ronald Rice v. The Spinx Company, Inc., No. 6:10-01622, D. S.C.; 2012 U.S. Dist. LEXIS 27950). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2036%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JOSE, Calif. - A California federal judge on Feb. 29 dismissed some but not all claims of a Pfizer Inc. drug researcher who says she was fired in retaliation for complaining that clinical trial results for a cancer drug were "dirty" and needed to be redone (Delina Ferretti v. Pfizer Inc., No. 5:11-4486, N.D. Calif., San Jose Div.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2037%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - The 11th Circuit U.S. Court of Appeals on March 8 upheld a trial court's rejection of a network consultant's racial discrimination and retaliation claims, finding that he failed to show that reasons for his termination were pretextual or that any of the actions he claimed were retaliatory were actually adverse actions (Kasib Jarvis v. Siemens Medical Solutions USA, Inc., No. 11-13467, 11th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2038%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on March 5 affirmed a federal judge's rejection of a California man's claims that his former employer discriminated and retaliated against him as a result of his need for medical leave (Jason Nielsen v. Trofholz Technologies, et al., No. 10-17658, 9th Cir.; 2012 U.S. App. LEXIS 4495). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2039%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A U.S. Postal Service (USPS) employee who was temporarily reassigned in the days following the landfall of a hurricane failed to show that she was subjected to discrimination or retaliation, the Fifth Circuit U.S. Court of Appeals ruled Feb. 13 (Janet Anthony v. Patrick R. Donahoe, No. 11-30664, 5th Cir.; 2011 U.S. App. LEXIS 3201). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2040%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW HAVEN, Conn. - A Connecticut federal magistrate judge on Feb. 24 denied summary judgment to the U.S. postmaster on a former letter carrier's retaliation claims related to his firing, finding that there are disputed issues surrounding the employee's termination that must be decided by a jury (Robert Cassotto v. John Potter and Fred Dotson, No. 3:09-cv-1303, D. Conn.; 2012 U.S. Dist. LEXIS 23854). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2041%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank HOUSTON - A live-in nanny who won a state court judgment against her employers for unpaid wages failed to show that their actions humiliated her; therefore, the employers' insurance company has no duty to indemnify them for the judgment rendered against them, a Texas federal judge held Feb. 10 (Safeco Insurance Company of Indiana v. Ashish Kamat, et al., No. 4:11-Cv-557, S.D. Texas; 2012 U.S. Dist. LEXIS 16983). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2042%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on Feb. 16 upheld an arbitration award entered against Wachovia Securities LLC after it sued several former employees for going to work with a competitor after being fired (Wachovia Securities, LLC v. Frank J. Brand, II, et al., No. 10-2111, 4th Cir.; 2012 U.S. App. LEXIS 3047). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2043%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - A restaurant chain owner waived its right to arbitrate a number of complaints filed by a class of its employees, the First District California Court of Appeal ruled Feb. 14 (Dina Partridge, et al. v. Hott Wings, Inc., et al., No. A130266, Calif. App., 1st Dist., Div. 5; 2012 Cal. App. Unpub. LEXIS 1084). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2044%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 24 reversed a trial court's denial of class certification in a lawsuit charging Merrill Lynch, Pierce, Fenner & Smith Inc. of racial discrimination in employment (George McReynolds, et al. v. Merrill Lynch, Pierce, Fenner & Smith, Inc., No. 11-3639, 7th Cir.; 2012 U.S. App. LEXIS 3683). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2045%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW YORK - A Second Circuit U.S. Court of Appeals panel reinstated one of the failure-to-promote claims brought by a Southampton, N.Y., police officer who claims that a less qualified black officer was chosen for a promotion in order to influence an upcoming election (Christopher Broich v. The Incorporated Village of Southampton, et al., No. 11-467, 2nd Cir.; 2012 U.S. App. LEXIS 3226). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2046%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ROANOKE, Va. - A Virginia Department of Juvenile Justice (DJJ) employee failed to establish a prima facie case showing that her employer discriminated against her on the basis of her race and religion when it failed to promote her, a Virginia federal judge held Feb. 28 in granting DJJ summary judgment on the employee's claims (Amina Al-Habashy v. Commonwealth of Virginia, Department of Juvenile Justice, No. 7:11-cv-00306, W.D. Va.; 2012 U.S. Dist. LEXIS 24869). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2047%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on March 5 upheld a district court's rejection of married couple's race and age bias and retaliation claims against their employer (Lena Gibson, et al. v. American Greetings Corporation, No. 11-1467, 8th Cir.; 2012 U.S. App. LEXIS 4475). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2048%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CHICAGO - A former school district business manager's employment discrimination and retaliation claims fail because the evidence shows that the district broke no laws when it terminated her employment for not returning to work after her medical leave expired, an Illinois federal judge held Feb. 22 in granting the district's motion for summary judgment (Courtney Hayes v. Elementary School District No. 159, et al., No. 1:10-cv-07095, N.D. Ill.; 2012 U.S. Dist. LEXIS 21906). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2049%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN JUAN, Puerto Rico - A former policeman for a Puerto Rico municipality sufficiently alleged that the town's mayor sexually harassed him then retaliated against him for rebuffing the mayor's advances, a federal judge held Feb. 17 in denying the mayor and town's motion for summary judgment on the former officer's claims (Fergie Diaz-Amill v. Benjamin Cintron-Lebron and Municipality of Patillas, No. 10-1600, D. Puerto Rico; 2012 U.S. Dist. LEXIS 20552). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2050%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - The evidence in an Age Discrimination in Employment Act (ADEA) case brought by a sales associate who was fired by a financial services company shows that the company terminated the associate's employment for legitimate reasons and not because of his age, an Ohio federal judge held Feb. 29 in granting the company summary judgment at the recommendation of a magistrate judge (Larry Green v. Schaeffer's Investment Research, Inc., No. 1:09-Cv-360, S.D. Ohio; 2012 U.S. Dist. LEXIS 26136). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2051%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - A former makeup production facility employee who was fired after too many performance errors in a 12-month period failed to show that the reason for her termination was merely a guise for age discrimination, the Third Circuit U.S. Court of Appeals ruled Feb. 9, affirming a trial court ruling (Ana Arenas v. L'Oreal USA Products, Inc., No. 11-2525, 3rd Cir.; 2012 U.S. App. LEXIS 2933). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2052%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ATLANTA - The 11th Circuit U.S. Court of Appeals on March 1 upheld a verdict in favor of an employee in a lawsuit filed against her former employer under the Family and Medical Leave Act (FMLA) but vacated the damages awards and remanded for recalculation of the awards and consideration of the employee's request for reinstatement (Lynn Yuk Chun Wai v. Federal Express Corporation, et al., No. 10-14972, 11th Cir.; 2012 U.S. App. LEXIS 4219). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2053%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank PHILADELPHIA - A corrections officer failed to prove that he was discriminated against by his employer because of his obesity in violation of the Americans with Disability Act (ADA), the Third Circuit U.S. Court of Appeals ruled Feb. 16, affirming a trial court ruling (Charles Lescoe v. Pennsylvania Department of Corrections - SCI Frackville, No. 11-2123, 3rd Cir.; 2012 U.S. App. LEXIS 3022). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2054%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel on Feb. 24 affirmed a verdict for the employer of an electrician who alleged that he sustained a chemical burn because of the negligence of his employer (Bud John Chapman v. ENSCO Offshore Co., No. 11-30077, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2055%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank NEW ORLEANS - A Louisiana federal judge on March 6 denied summary judgment to two companies that employ an air boat operator who was injured when he slipped and fell on the job and then sued his employers for damages and maintenance and cure (Scott J. Hughes v. Shaw Environmental, Inc., et al., No. 11-494, E.D. La.; 2012 U.S. Dist. LEXIS 29139). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2056%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals Public Information Office announced March 1 that the chief judge for the U.S. District Court for the District of Montana initiated a judicial misconduct complaint against himself after he forwarded a racially insensitive email about President Obama. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2057%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - In a public meeting on Feb. 22, the Equal Employment Opportunity Commission approved its Strategic Plan for Fiscal Years 2012-2016. The plan, approved by a 4-1 vote, includes the development of a new strategic enforcement plan to better leverage the EEOC's resources to '"stop and remedy unlawful employment discrimination' and to build on its existing systemic program to remedy discrimination against large numbers of individuals or where the discrimination has a broad impact on an industry, profession, company, or geographic area." http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2058%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Roy Abshire, et al. v. Redland Energy Services, LLC, No. 11-3380, 8th Cir.; See February 2012, Page 70. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2059%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Albemarle Corporation v. United Steelworkers, on behalf of AOWU Local 103, No. 11-31185, 5th Cir. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2060%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Catherine M. Dawson v. Family Dollar Stores, Inc., No. 11-1927, 4th Cir.; See February 2012, Page 72. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2061%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Frank Krause, et al. v. Manalapan Township, No. 11-3773, 3rd Cir.; See February 2012, Page 75. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2062%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Martha Lushute v. State of Louisiana, Department of Social Services, No. 12-30013, 5th Cir. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2063%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Webster Proctor, et al. v. Nike Retail Services, Inc., et al., No. 11-6711, N.D. Calif.; See January 2012, Page 88. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2064%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Tara Raniere, et al. v. Citigroup Inc., et al., No. 11-5213, 2nd Cir. Appellant brief: Filed Feb21 by Tara Raniere, Nichol Bodden and Mark AVosburgh, individually and on behalf of all similarly situated peopleBrief available 73-120309-511B http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2065%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: SEIU, United Healthcare Workers-West v. Centinela Hospital Medical Center, No. 11-56080, 9th Cir.; See January 2012, Page 91. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2066%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Carolyn Rusin, et al. v. Chicago Tribune Company, No. 12-1135, N.D. Ill. Complaint: Filed by Carolyn Rusin on Feb16Complaint available 43-120302-004C http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-8%20Mealey%27s%20Litig.%20Rep.%20Employ.%20L.%2067%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank Case: Ryan DeKeyser, et al. v. Thyssenkrup Waupaca Inc. d/b/a Waupaca Foundry Inc., No. 08-488, E.D. Wis.