MEMPHIS, Tenn. - A psychologist can testify about whether a fitness exam for an airport police officer was job related and consistent with business necessity but must wait until trial for a determination on whether the officer's supervisor acted in a reasonable and prudent manner by relieving the officer of duty and referring her for the exam, a Tennessee federal judge held June 25 (Rosalyn Small v. Memphis-Shelby County Airport Authority, et al., No. 2:13-cv-02437, W.D. Tenn.; 2015 U.S. Dist. LEXIS 82523).
SHREVEPORT, La. - A Louisiana federal jury on June 23 awarded a former Union Pacific Railroad Co. employee, who accused the company of retaliation, $375,000 in damages (Jeffrey Davis v. Union Pacific Railroad Company, No. 12-2738, W.D. La.).
CHICAGO - Less than a month after it was determined that most of the part-time faculty of a Chicago-based university may vote on union representation because the university failed to meet its burden of establishing that those employees serve a religious function, the National Labor Relations Board Region 13 acting regional director on June 23 ruled that the same university is subject to the NLRB's jurisdiction in an organizing dispute with its full- and regular part-time housekeepers (Saint Xavier University and Service Employees International Union Local 1, No. 13-92296, NLRB Region 13).
SAN FRANCISCO - A California federal judge on June 22 granted final approval of an employment agency's $8.75 million payment to settle various wage claims filed by a class of temporary employees (Vera Willner v. Manpower Inc., No. 11-2846, N.D. Calif.; 2015 U.S. Dist. LEXIS 80697).
NEW YORK - A teacher who was denied tenure after three years of probation may proceed with racial discrimination claims, the Second Circuit U.S. Court of Appeals ruled June 24, partially vacating a district court's summary judgment ruling for the principal and school district (Rickey L. Tolbert v. Richard Smith and Rochester City School District, No. 14-1012, 2nd Cir.; 2015 U.S. App. LEXIS 10656).
FRANKFORT, Ky. - Three welders seeking unpaid wages failed to demonstrate that their proposed class should be certified, a split Kentucky Court of Appeals panel ruled June 19 (Richard Powell, et al. v. James Marine, Inc., et al., No. 2014-CA-001580-ME, Ky. App.; 2015 Ky. App. Unpub. LEXIS 457).
ST. LOUIS - A Missouri federal judge on June 19 granted in part and denied in part a motion to stay a class wage suit brought against a pizza chain pending the U.S. Supreme Court's decision in Bouaphakeo v. Tyson Foods, Inc. (765 F.3d 791 [8th Cir. 2014]) (William Timothy Perrin, et al. v. Papa John's International, Inc., et al., No. 09-1335, E.D. Mo.; 2015 U.S. Dist. LEXIS 79543).
PASADENA, Calif. - A Federal Express Co. (FedEx) worker suing for unpaid wages failed to prove that her claims brought on behalf of two proposed classes could be decided on a classwide basis, the Ninth Circuit U.S. Court of Appeals ruled June 22, affirming the trial court's decision (Yvette Green, et al. v. Federal Express Corporation, No. 13-56093, 9th Cir.; 2015 U.S. App. LEXIS 10500).
PHILADELPHIA - A worker who was fired for taking time off after she submitted a request for intermittent leave under the Family and Medical Leave Act (FMLA) should be given the chance to cure any deficiencies in her medical certification, a Third Circuit U.S. Court of Appeals panel ruled June 22, reversing a trial court's decision (Deborah Hansler v. Lehigh Valley Hospital Network, No. 14-1772, 3rd Cir.; 2015 U.S. App. LEXIS 10444).
ATLANTA - The 11th Circuit U.S. Court of Appeals on June 17 reinstated a fired worker's claim of age discrimination in light of numerous age-related comments made by her supervisor (Mary Godwin v. WellStar Health System, Inc., No. 14-11637, 11th Cir.; 2015 U.S. App. LEXIS 10178).
NEW YORK - A trial court erred when it ruled that an employee's failure to exhaust administrative remedies deprived the court of subject matter jurisdiction over the employee's Title VII of the Civil Rights Act of 1964 claims, the Second Circuit U.S. Court of Appeals ruled June 19 (Cole Fowlkes v. Ironworkers Local 40, et al., No. 12-336, 2nd Cir.; 2015 U.S. App. LEXIS 10339).
HARRISBURG, Pa. - Subsequent Pennsylvania Supreme Court precedent allowing tort actions where a disease arises outside the usual bar for workers' compensation claims requires parties to conduct further discovery in an asbestos action, a state appeals court panel held June 17 (Wendy Ann McCloskey, et al. v. Cemline Corp, et al., Nos. 482 WDA 2014, 530 WDA 2014, Pa. Super.; 2015 Pa. Super. Unpub. LEXIS 1793).
LOS ANGELES - The nearly universal use of asbestos in the type of brakes a man worked with creates a sufficient relationship to hold a manufacturer of brake grinding machines liable in a take-home exposure case, a California appeals court held June 18 (Michael Sherman, et al. v. Hennessy Industries Inc., No. B252566, Calif. App., 2nd Dist.; 2015 Cal. App. LEXIS 528).
BALTIMORE - A Maryland federal judge on June 16 awarded summary judgment to CSX Transportation Inc. on a train conductor's negligence claims involving a trip-and-fall accident after excluding the conductor's expert witness testimony on the ground that there is no adequate basis for his opinion (William M. Conrad v. CSX Transportation, Inc., No. 1:14-cv-51, D. Md.; 2015 U.S. Dist. LEXIS 78188).
SCRANTON, Pa. - A Pennsylvania federal judge on June 15 granted an unopposed motion for approval of a $180,000 collective action settlement to be paid by Wyndham Vacation Resorts Inc. in a wage-and-hour complaint (Leighton Chung, et al. v. Wyndham Vacation Resorts, Inc., No. 14-490, M.D. Pa.; 2015 U.S. Dist. LEXIS 77176).
WASHINGTON, D.C. - A teacher's mandatory reporting obligations do not convert a conversation between a teacher and a student "into a law enforcement mission aimed at gathering evidence for prosecution," the U.S. Supreme Court ruled June 18 (State of Ohio v. Darius Clark, No. 13-1352, U.S. Sup.; 2015 U.S. LEXIS 4060).
KNOXVILLE, Tenn. - Subcontractors' action alleging exposure to asbestos during salvage work improperly targets the company that sold the scrapped synchronous condensers, a federal judge in Tennessee held June 12 (Chris Upton, et al. v. BNFL Inc., et al., No. 12-295, E.D. Tenn.; 2015 U.S. Dist. LEXIS 76618).
PORTLAND, Maine - A Maine federal judge on June 12 conditionally certified a class of call center workers suing for unpaid overtime (Hannah LeVecque, et al. v. Argo Marketing Group, Inc., et al., No. 14-218, D. Maine; 2015 U.S. Dist. LEXIS 76150).
BRIDGEPORT, Conn. - A jury could conclude that an automobile dealership provided warranty work not as a service but as part of the sale of vehicles and that it knew about the dangers asbestos posed to household members, a Connecticut judge held June 12 in allowing products and premises liability claims (Kenneth Reed III, et al. v. 3M Co., et al., No. 12-6034053 S, Conn. Super., Fairfield at Bridgeport).
SAN FRANCISCO - A California federal judge on June 10 denied preliminary approval of a $5 million settlement in a class complaint over background checks, finding several deficiencies in the proposed agreement (Jose Rubio-Delgado, et al. v. Aerotek, Inc., No. 13-3105, N.D. Calif.; 2015 U.S. Dist. LEXIS 75300).
SACRAMENTO, Calif. - A class complaint accusing a bookseller of various wage-and-hour violations still belongs in state court, a California federal judge ruled June 11, finding that the defendants' successive removal was unjustified (Cassandra Carag, et al. v. Barnes & Noble, Inc., et al., No. 15-115, E.D. Calif.; 2015 U.S. Dist. LEXIS 75991).
WASHINGTON, D.C. - The U.S. Supreme Court on June 15 granted certiorari in Dollar General Corp.'s petition seeking to overturn the holdings of lower courts that a tribal court has jurisdiction over a boy's claims that he was sexually molested by a store manager while he was interning at the store, which is on the reservation of the Mississippi Band of Choctaw Indians (Dollar General Corp., et al. v. The Mississippi Band of Choctaw Indians, et al., No. 13-1496, U.S. Sup.).
KANSAS CITY, Kan. - Following remand from the 10th Circuit U.S. Court of Appeals, a federal judge in Kansas on June 10 granted summary judgment to Embarq Corp. and dismissed the contractual vesting claims of 3,200 retirees, finding that the relevant summary plan descriptions (SPDs) did not establish lifetime medical or life insurance benefits for the 3,200 retiree class members (William Douglas Fulghum, et al. v. Embarq Corporation, et al., No. 07-2602, D. Kan.; 2015 U.S. Dist. LEXIS 76141).
NEW YORK - Interns suing Warner Music Group Corp. and Atlantic Recording Corp. (collectively, WMG) in the U.S. District Court for the Southern District of New York for unpaid wages filed a motion June 9 seeking preliminary approval of a $4.23 million settlement (Kyle Grant, et al. v. Warner Music Group Corp., et al., No. 13-4449, Justin Henry, et al. v. Warner Music Group Corp., et al., No. 13-5031, S.D. N.Y.).
CINCINNATI - The National Labor Relations Board has jurisdiction to issue a cease-and-desist order to an Indian tribe regarding enforcement of provisions that conflict with the National Labor Relations Act (NLRA), a divided Sixth Circuit U.S. Court of Appeals panel ruled June 9 after determining that the NLRA applies to the tribe's operation of its casino (National Labor Relations Board v. Little River Band of Ottawa Indians Tribal Government, No. 14-2239, 6th Cir.; 2015 U.S. App. LEXIS 9585).