WASHINGTON, D.C. - Car dealership service advisers are salespeople and are exempt from overtime pay under 29 U.S. Code Section 213(b)(10)(A), Paul D. Clement of Bancroft in Washington told the U.S. Supreme Court on April 20 during oral arguments on behalf of a car dealership (Encino Motorcars, LLC v. Hector Navarro, et al., No. 15-415, U.S. Sup.).
PHILADELPHIA - A Pennsylvania federal judge on April 18 dismissed a bad faith lawsuit against a private company directors, officers and employees liability insurer, finding that the insurer had no duty to the plaintiff to settle an underlying discrimination lawsuit he brought against its insured (Steve Leboon v. Zurich American Insurance Co., et al., No. 15-05904, E.D. Pa.; 2016 U.S. Dist. LEXIS 51381).
DENVER - A worker who was injured while working, suffered permanent restrictions and was moved to a new job because of those restrictions failed to prove that his firing, after he repeatedly called out sick from his new position, was due to discrimination and retaliation, the 10th Circuit U.S. Court of Appeals ruled April 15, affirming the trial court's decision (Moe Aman, f/k/a/ Mohamed Aman v. Dillon Companies, Inc., a Kansas corporation, d/b/a King Soopers, Nos. 14-1461 and 15-1054, 10th Cir.; 2016 U.S. App. LEXIS 6886).
PASADENA, Calif. - A church bookkeeper, whose position was reduced to part-time after she returned from a lengthy medical leave, failed to show that a discriminatory reason more likely than not caused the change to her hours, the Ninth Circuit U.S. Court of Appeals ruled April 14 (Alice Mendoza v. The Roman Catholic Archbishop of Los Angeles, No. 14-55651, 9th Cir.; 2016 U.S. App. LEXIS 6768).
DENVER - The 10th Circuit U.S. Court of Appeals on April 15 found that because an underlying claim alleged only intentional harm by an employer, there is no employers liability coverage for an underlying lawsuit arising from an employee's fatal injury (Cudd Pressure Control Inc. v. New Hampshire Insurance Co., et al., No. 14-6148, 10th Cir.; 2016 U.S. App. LEXIS 6888).
DENVER - Efforts by a group of employee benefit plans to hold accountable two individual defendants for allegedly breaching their fiduciary duties under the Employee Retirement Income Security Act were properly dismissed as time-barred by an Oklahoma federal judge, the 10th Circuit U.S. Court of Appeals concluded April 13 (Mid-South Iron Workers Welfare Plan, et al. v. Ryan Michael Harmon, et al., No. 15-6064, 10th Cir.; 2016 U.S. App. LEXIS 6775).
NEW ORLEANS - A former paralegal instructor failed to show that the reasons given for his layoff during a reduction-in-force were pretext for retaliation, the Fifth Circuit U.S. Court of Appeals ruled April 13 (Rafael Diaz v. Kaplan Higher Education, L.L.C., No. 15-50655, 5th Cir.; 2016 U.S. App. LEXIS 6720).
LOS ANGELES - California's Second District Court of Appeal on April 14 reversed a trial court's decision that found that five state statutes regarding the employment and retention of teachers that were challenged by California students were unconstitutional and void (Beatriz Vergara, et al. v. State of California, et al., No. B258589, Calif. App., 2nd Dist., Div. 2; 2016 Cal. App. LEXIS 285).
RIVERSIDE, Calif. - A California federal judge on April 11 sent a class complaint accusing an employer of failing issue proper wage statements and failing to keep accurate payroll records back to state court, finding that the amount in controversy did not exceed the Class Action Fairness Act's (CAFA) jurisdictional minimum (Jim Thuan Phan, et al. v. Sears, Roebuck and Co., et al., No. 15-2582, C.D. Calif.; 2016 U.S. Dist. LEXIS 48618).
NEWARK, N.J. - A New Jersey federal judge on April 11 declined to certify a class of financial advisers (FAs) suing their employer for failing to pay them overtime wages for hours in excess of 40 per week (In Re Morgan Stanley Smith Barney LLC Wage and Hour Litigation, No. 11-3121, D. N.J.; 2016 U.S. Dist. LEXIS 48648).
LAKE CHARLES, La. - A former worker at an Indian casino cannot pursue unlawful termination claims against the casino because the tribe has not waived its sovereign immunity, a Louisiana federal judge held April 12 (Larry Anderson v. Coushatta Casino Resort, No. 15-01203, W.D. La.; 2016 U.S. Dist. LEXIS 49416).
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 13 found that 401(k) plan participants challenging the selection and retention of certain mutual funds forfeited their right to argue that their employer and its benefits plan failed to adequately monitor those investments because the argument was never raised before a California federal judge or in their initial appeal (Glenn Tibble, et al. v. Edison International, et al., No. 10-56406, 9th Cir.).
KANSAS CITY, Kan. - A Kansas federal judge on April 11 denied final approval of a $5.1 million wage-and-hour settlement to be paid by a shipping broker to employees, finding that the confidentiality provisions and proposed service awards are not fair or equitable to all parties (Nancy Koehler, et al. v. Freightquote.com, Inc., et al., No. 12-2505, D. Kan.; 2016 U.S. Dist. LEXIS 48597).
NEW YORK - A Connecticut federal judge's September 2014 holding that employee benefit plans are entitled to review of claim denials under the arbitrary and capricious standard upon a showing of substantial compliance with Department of Labor (DOL) claims-procedure regulations would "upset" the DOL's "regulatory framework," the Second Circuit U.S. Court of Appeals ruled April 12 (Tiffany L. Halo v. Yale Health Plan, No. 14-4055, 2nd Cir.; 2016 U.S. App. LEXIS 6659).
PHOENIX - An Arizona federal judge on April 7 granted a motion to dismiss a wage-and-hour class complaint filed by drivers working for a ride-sharing company and compel individual arbitration in light of arbitration provision contained in the drivers' service agreement (David Sena v. Uber Technologies Incorporated, et al., No. 15-2418, D. Ariz.; 2016 U.S. Dist. LEXIS 47141).
NEW HAVEN, Conn. - A Connecticut federal judge on April 5 held that there are genuine issues of material fact as to whether an employment practices liability insurer's investigation of an unlawful discharge claim was reasonable, sufficient and/or properly conducted, allowing part of a claim that the insurer violated Connecticut Unfair Insurance Practices Act (CUIPA) and the Connecticut Unfair Trade Practices Act (CUTPA) to proceed (Teri Tucker v. American International Group Inc., et al., No. 09-1499, D. Conn.; 2016 U.S. Dist. LEXIS 46676).
ST. PAUL, Minn. - The Eighth Circuit U.S. Court of Appeals on April 5 ruled that a job applicant's obesity, without an underlying physiological disorder or condition, does not qualify as a physical impairment under the Americans with Disabilities Act (ADA) (Melvin A. Morriss, III v. BNSF Railway Company, a Delaware corporation, No. 14-3858, 8th Cir.; 2016 U.S. App. LEXIS 6179).
PHILADELPHIA - A banquet manager who was fired after multiple conflicts with her supervisors failed to show that she was the victim of age discrimination, the Third Circuit U.S. Court of Appeals ruled April 1, affirming a trial court's summary judgment ruling (Lisa Mercantanti v. WCI Operations LLC, No. 15-1866, 3rd Cir.; 2016 U.S. App. LEXIS 5988).
DENVER - A Kansas federal judge's decision to dismiss a dispute involving allegations of fraud surrounding a group life insurance policy beneficiary designation was proper, the 10th Circuit U.S. Court of Appeals concluded April 1 (Kristopher Yarbary v. Martin, Pringle, Oliver, Wallace & Bauer LLP, et al., No. 15-3224, 10th Cir.; 2016 U.S. App. LEXIS 6106).
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on April 1 upheld the enforcement of an arbitrator's multiyear award in a health care dispute but vacated the arbitrator's provision permitting a new round of arbitration at a later date (Hamilton Park Health Care Center Ltd. v. 1199 SEIU United Healthcare Workers East, No. 15-2595, 3rd Cir.; 2016 U.S. App. LEXIS 5981).
SAN FRANCISCO - The California Supreme Court on April 4 answered three questions certified by the Ninth Circuit U.S. Court of Appeals and ruled that under state law, an employer must provide a seat to a worker if the tasks being performed "reasonably permit sitting" and providing "a seat would not interfere with performance of any other tasks" (Nykeya Kilby v. CVS Pharmacy, Inc., No. S215614, Calif. Sup.; 2016 Cal. LEXIS 1950).
WASHINGTON, D.C. - The U.S. Supreme Court on April 4 let stand a Second Circuit U.S. Court of Appeals' ruling affirming a multiemployer pension plan's calculation of a claimant's disability pension benefits (William Caban v. Employee Security Fund of the Electrical Products Industries Pension Plan, et al., No. 15-984, U.S. Sup.).
DENVER - The 10th Circuit U.S. Court of Appeals on March 31 upheld a trial court's rejection of wage-and-hour claims filed by slaughter and fabrication operation workers who claimed that they received some but not all compensation owed to them for donning and doffing activities under the Fair Labor Standards Act (FLSA) (Esmeralda Castaneda, et al. v. JBS USA, LLC, et al., Nos. 14-1217 and 14-1221, 10th Cir.; 2016 U.S. App. LEXIS 5884).
DES MOINES, Iowa - A Wal-Mart Stores Inc. worker who was forced to transfer positions based on permanent job restrictions failed to show that the company's decision was biased or retaliatory, the Eighth Circuit U.S. Court of Appeals ruled March 31 affirming a trial court's summary judgment ruling for the employer (Kathy Kelleher v. Wal-Mart Stores, Inc., No. 15-2105, 8th Cir.; 2016 U.S. App. LEXIS 5874).
WASHINGTON, D.C. - The U.S. Supreme Court on April 4 denied a petition for writ of certiorari filed by Michigan child care providers who oppose union dues or agency fees automatically being withdrawn from their state subsidies (Carrie Schlaud, et al. v. International Union, UAW, et al., No. 15-166, U.S. Sup.).