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4th Circuit: Trial Court Must Reconsider Class Certification In Wage-And-Hour...
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on March 14 vacated the certification of a class of workers employed by a government contractor who are seeking unpaid wages, finding that...
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New York Federal Judge Certifies Drugstore Assistant Managers Seeking Overtime
NEW YORK - A New York federal judge on March 20 certified a class of drugstore assistant store managers (ASM) seeking overtime pay for hours worked in excess of 40 per week (Mani Jacob, et al. v. Duane...
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Customer Service Reps Seeking Overtime Granted Conditional Certification
KANSAS CITY, Kan. - A Kansas federal judge on March 27 refused to certify under Federal Rule of Civil Procedure 23 a class of customer service representatives (CSRs) seeking unpaid overtime for work...
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D.C. Federal Judge: Minimum Wage Act Is Exclusive Remedy For Unpaid Overtime
WASHINGTON, D.C. - The District of Columbia Minimum Wage Act (DCMWA) provides the exclusive remedy for a university employee seeking unpaid overtime, a District of Columbia federal judge ruled April 5,...
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Ohio Federal Judge Rejects Request For Protective Order In Overtime Class Suit
COLUMBUS, Ohio - A protective order is not warranted in a nurse's class overtime suit, an Ohio federal judge ruled April 4, overruling a magistrate judge's opinion and order issued earlier this year...
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Calif. Appellate Panel: Individual Issues Bar Class Cert In Wage-And-Hour Suit
SAN DIEGO - A former auto center manager failed to show that he was improperly denied class certification in his wage-and-hour suit brought against his former employer, a California appellate panel...
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National Labor Board Will Ask High Court To Rule On Quorum Issue
WASHINGTON, D.C. - The National Labor Relations Board announced March 12 that it has decided to appeal to the U.S. Supreme Court a District of Columbia Circuit U.S. Court of Appeals decision finding...
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3rd Circuit: Nursing Home Must Bargain With Union, Hire Back Workers
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 5 enforced a National Labor Relations Board (NLRB) decision finding that a nursing home's new owner and operator, as a single employer,...
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3rd Circuit Reinstates Worker's Breach Of Duty Claim Against Union
PHILADELPHIA - A nurse may proceed with his claim that his union failed to provide him with fair representation after he was terminated during his 90-day probationary period, the Third Circuit U.S....
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D.C. Circuit: VA Misread Its Statutory Authority In Employment Dispute
WASHINGTON, D.C. - The Department of Veterans Affairs (VA) erred in its interpretation of its statutory authority when it determined that unfair labor practice charges (ULPs) filed on behalf of two...
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5th Circuit: Employer Guilty Of Retaliation Need Not Pay Attorney Fees, Costs
NEW ORLEANS - The cost- and fee-shifting provision does not apply to mixed-motive retaliation claims, the Fifth Circuit U.S. Court of Appeals ruled April 3 (Anthony Carter v. Luminant Power Services...
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6th Circuit: Too Much Time Passed For Employee To Prove Retaliation
CINCINNATI - Years passing between when a school district employee won her gender discrimination claim and her removal from one of her posts dooms her claim that her removal was retaliatory, the Sixth...
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11th Circuit: Alabama County Employee Failed To Prove Retaliation, Bias Claims
ATLANTA - An Alabama county employee who was criminally charged with improperly collecting overtime pay failed to prove claims of retaliation or bias, the 11th Circuit U.S. Court of Appeals ruled March...
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3rd Circuit Reinstates Police Sergeants' Retaliation, Bias Claims
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 8 vacated summary judgment for a New Jersey city, its police department and two officials in two lawsuits filed by police sergeants...
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4th Circuit: Employee Failed To Prove Retaliation, Assault
RICHMOND, Va. - A Virginia federal court properly rejected a worker's lawsuit against her former employer alleging a hostile work environment, retaliatory discharge and assault and battery, the Fourth...
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9th Circuit: District Court May Review Public Law Boards' Decisions
SEATTLE - A Washington federal court has jurisdiction to review the arbitration decisions of two public law boards (PLB) concerning a dispute regarding a railway employee's termination, the Ninth...
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Florida Federal Judge Compels Arbitration Of Crewman's Claims In Panama
MIAMI - A Florida federal judge on April 3 granted a ship owner's motion to compel arbitration of a crewmember's injury-related claims under the Convention on the Recognition and Enforcement of Foreign...
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6th Circuit Affirms Rejection Of Arbitration Award, Finds Evident Partiality
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 2 affirmed the rejection of an arbitration panel's award for gallery owners in a dispute with an artist over the payment for certain...
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3rd Circuit: Trial Court Erred In Vacating Arbitration Award In Scheduling...
PHILADELPHIA - A Pennsylvania federal court erred in not enforcing an arbitrator's award for a worker in a scheduling dispute because the collective bargaining agreement (CBA) directed that such...
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2nd Circuit: No Statutory Right To Pursue Pattern-Or-Practice Bias Claim
NEW YORK - A District Court erred in concluding that employees have a substantive statutory right to pursue a pattern-or-practice claim, the Second Circuit U.S. Court of Appeals ruled March 21 (Lisa...
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