WASHINGTON, D.C. - A teacher who taught a religious class, led worship and led prayer was a commissioned minister, and her employment falls within the First Amendment to the U.S. Constitution's ministerial exception, a unanimous U.S. Supreme Court ruled Jan. 11, reversing a Sixth Circuit U.S. Court of Appeals ruling (Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, et al., No. 10-553, U.S. Sup.; See October 2011, Page 5). Full story on lexis.com

WASHINGTON, D.C. - A federal prisoner who alleges that he has been mistreated while behind bars has no grounds to proceed with his suit against individual employers of the prison under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (403 U.S. 388 [1971]) because state tort law provides an adequate alternative damages remedy, a divided U.S. Supreme Court ruled Jan. 10 (Margaret Minneci, et al. v. Richard Lee Pollard, et al., No. 10-1104, U.S. Sup.; 2012 U.S. LEXIS 573; See November 2011, Page 5). Full story on lexis.com

WASHINGTON, D.C. - The Family and Medical Leave Act (FMLA) abrogates states' immunity from suits by citizens seeking monetary relief from the states, the attorney for a former Maryland Court of Appeals employee argued Jan. 11 before the U.S. Supreme Court (Daniel Coleman v. Court of Appeals of Maryland, et al., No. 10-1016, U.S. Sup.). Full story on lexis.com

WASHINGTON, D.C. - The U.S. Supreme Court heard oral arguments on Jan. 10 in a case challenging what constitutes proper notice of temporary mid-year fees assessed by a union and used for political purposes and whether the appeal is moot because the union sent a notice to all members of the class suing it, offering to fully refund the fees (Dianne Knox, et al. v. Service Employees International Union, Local 1000, No. 10-1121, U.S. Sup.; See July 2011, Page 16). Full story on lexis.com

NEW YORK - An employer violated the National Labor Relations Act (NLRA) when it allowed a union to distribute a bonus to employees prior to an election, the Second Circuit U.S. Court of Appeals ruled Jan. 6, enforcing a decision by the National Labor Relations Board (NLRB) and upholding the rights of NLRB members who participated in an earlier decision in the case, that was vacated by the U.S. Supreme Court, to participate in the review on remand (National Labor Relations Board, et al. v. County Waste of Ulster, LLC, Nos. 10-3359 and 10-3615, 2nd Cir.; 2012 U.S. App. LEXIS 310). Full story on lexis.com

WASHINGTON, D.C. - The U.S. Supreme Court heard oral arguments Jan. 11 regarding the proper calculation of benefits for disabled maritime workers under Section 6 of the Longshore and Harbor Workers' Compensation Act (LHWCA) (Dana Roberts v. Sea-Land Services, Inc., et al., No. 10-1399, U.S. Sup.). Full story on lexis.com

SAN FRANCISCO - Out-of-state employees who worked in California may proceed with claims under California's labor code and unfair competition law (UCL) but not with claims seeking to apply those laws to work done outside the state, the Ninth Circuit U.S. Court of Appeals held Dec. 13 (Donald Sullivan, Deanna Evich, Richard Burkow v. Oracle Corp., Oracle University, No. 06-56649, 9th Cir.; 2011 U.S. App. LEXIS 24625; See July 2011, Page 14). Full story on lexis.com

FRESNO, Calif. - Two fieldworkers for California grape farms cannot pursue unpaid wage claims on behalf of hundreds of other workers because their federal court complaint does not sufficiently allege commonality or other factors for class certification, a magistrate judge held Dec. 12, citing Wal-Mart Stores, Inc. v. Betty Dukes, et al. throughout her findings and recommendation (Margarita Rosales, et al. v. El Rancho Farms, et al., No. 09-00707, E.D. Calif.; 2011 U.S. Dist. LEXIS 142779). Full story on lexis.com

NEW YORK - A New York nail care salon and its owner are liable to pay back wages and liquidated damages to 32 employees for willful overtime and record-keeping violations of the Fair Labor Standards Act (FLSA), a New York federal judge ruled Jan. 5 (Hilda L. Solis v. Cindy's Total Care, Inc., et al., No. 10-7242, S.D. N.Y.; 2012 U.S. Dist. LEXIS 1808). Full story on lexis.com

MACON, Ga. - A Georgia federal judge on Dec. 23 refused to seal or approve a settlement of Fair Labor Standards Act (FLSA) claims by former employees of a pharmacy company, finding in part that the public's interest in accessing the judicial record of an FLSA dispute outweighs any reason for not disclosing the terms of the settlement (Martha Webb, et al. v. CVS Caremark Corporation, et al., No. 11-106, M.D. Ga.; 2011 U.S. Dist. LEXIS 147989). Full story on lexis.com

STATESBORO, Ga. - A Georgia federal judge on Dec. 19 ordered a group of migrant farm workers suing their employer under the Fair Labor Standards Act (FLSA) and the defendants to submit a joint brief explaining how class certification for settlement purposes is legally appropriate in light of a prior denial of class certification (Gumecindo Covarrubias-Guerrero, et al. v. Delbert C. Bland d/b/a Bland Farms, et al., No. 09-05, S.D. Ga.; 2011 U.S. Dist. LEXIS 145487). Full story on lexis.com

MADISON, Wis. - A Wisconsin federal judge on Dec. 29 stayed a joint stipulation for conditional class certification in a wage-and-hour suit and gave both the named plaintiff and the defendant two weeks to submit additional supporting affidavits (Blake Draper, et al. v. Captel, Inc., No. 11-535, W.D. Wis.; 2011 U.S. Dist. LEXIS 149288). Full story on lexis.com

CENTRAL ISLIP, NY - A New York federal magistrate judge on Dec. 15 granted a motion for collective certification in a suit alleging that a handful of restaurants owned by the same individual failed to pay their employees overtime when they worked more than 40 hours per week (Antonio Garcia, et al. v. Pancho Villa's of Huntington Village, Inc., et al., No. 09-486, E.D. N.Y.; 2011 U.S. Dist. LEXIS 144363). Full story on lexis.com

WICHITA, Kan. - A Kansas federal judge on Dec. 12 conditionally certified a class of fast food restaurant assistant managers who allege that they are treated as hourly employees but are denied overtime compensation (Gabriel Armstrong, et al. v. Genesh, Inc., No. 11-1161, D. Kan.; 2011 U.S. Dist. LEXIS 142722). Full story on lexis.com

SPRINGFIELD, Mo. - A Missouri federal judge on Dec. 12 conditionally certified a collective action filed by nursing and rehabilitation centers' employees claiming that the company that manages their sites unlawfully withheld wages in violation of the Fair Labor Standards Act (FLSA) (Jade McClean, et al. v. Health Systems, Inc., et al., No. 11-2027, W.D. Mo.; 2011 U.S. Dist. LEXIS 142283). Full story on lexis.com

LAFAYETTE, Ind. - An Indiana federal judge on Dec. 12 conditionally certified as a collective class a group of customer service employees who allege that they were denied pay for all hours worked and were sometimes not paid in a prompt manner (Martha Swarthout, et al. v. Ryla Teleservices, Inc., No. 11-21, N.D. Ind.; 2011 U.S. Dist. LEXIS 142408). Full story on lexis.com

BOSTON - A Massachusetts federal judge on Dec. 19 declined to certify a national class of restaurant workers in a suit seeking damages for unpaid tips because the proposed lead plaintiff is part of a statewide class that has already reached a settlement with the restaurant and therefore would not be an adequate class representative (Abdel Abla, et al. v. Brinker Restaurant Corporation, et al., No. 10-10373, D. Mass.; 2011 U.S. Dist. LEXIS 146291). Full story on lexis.com

LOS ANGELES - A California federal judge on Jan. 3 declined to certify a proposed class of 64 telephone company workers in a complaint alleging that they are misclassified as exempt from state overtime laws, finding that the common questions of the case cannot be resolved based on the same facts (Ulysses Aburto v. Verizon California, Inc., No. 11-03683, C.D. Calif.; 2012 U.S. Dist. LEXIS 329). Full story on lexis.com

COLUMBUS, Ohio - Calling it a "close case," an Ohio federal judge on Jan. 5 ruled in favor of Nationwide Mutual Insurance Co. on claims by insurance fraud investigators that Nationwide misclassified them as exempt from state and federal overtime pay requirements (Frank Foster, et al., v. Nationwide Mutual Insurance Company, No. 08-020, S.D. Ohio; 2012 U.S. Dist. LEXIS 1384). Full story on lexis.com

NEW ORLEANS - While not ruling on whether DirecTV Inc. satellite television technicians are employees or independent contractors, a Louisiana federal judge on Dec. 30 conditionally certified a national class of technicians in an action alleging that the company misclassified the workers as contractors to bypass federal wage requirements (Christian Lang, et al. v. DirecTV, Inc., et al., No. 10-1085, E.D. La.; 2011 U.S. Dist. LEXIS 150047). Full story on lexis.com

SAN DIEGO - A California federal judge on Dec. 19 remanded a wage-and-hour class action to state court, finding that the amount in controversy does not meet the required $5 million threshold of the federal Class Action Fairness Act (CAFA) (Simona Montalvo v. Swift Transportation Corporation, No. 11-1827, S.D. Calif.; 2011 U.S. Dist. LEXIS 145803). Full story on lexis.com

ST. LOUIS - A Minnesota federal judge did not err in rejecting on summary judgment claims by four women that Northern States Power Co. (NSP) engaged in discriminatory pay practices, the Eighth Circuit U.S. Court of Appeals ruled Dec. 22 (Paulette Price et al. v. Northern States Power Company, No. 11-1497, 8th Cir.; 2011 U.S. App. LEXIS 25573). Full story on lexis.com

MOBILE, Ala. - Two call center employees asserting unpaid wage claims can send notices to similarly situated employees giving them the opportunity to opt in to a class action complaint against their employer, an Alabama federal magistrate judge held Dec. 21 in conditionally certifying the case as a collective action under the Fair Labor Standards Act (FLSA) (Chasity Robinson, et al. v. Ryla Teleservices, Inc., No. 11-131, S.D. Ala.; 2011 U.S. Dist. LEXIS 147027). Full story on lexis.com

ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 6 affirmed a district court gender discrimination ruling in favor of a transgender employee who was terminated from her job (Vandiver Elizabeth Glenn f.k.a. v. Sewell R. Brumby, Nos. 10-14833, 10-15015, 11th Cir.; 2011 U.S. App. LEXIS 24137). Full story on lexis.com

LONDON, Ky. - More than 1,300 women who were denied employment at a Wal-Mart Stores Inc. distribution center will receive payments ranging from $2,000 to $52,500 under a settlement of gender discrimination claims brought by the U.S. government more than 10 years ago, according to a Dec. 20 order approving a final notice of distribution signed by a Kentucky federal judge (Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc., No. 01-339, E.D. Ky.; 2011 U.S. Dist. LEXIS 146077). Full story on lexis.com

CAMDEN, N.J. - Gender discrimination claims by current and former female employees of Lockheed Martin Corp. do not meet the standards for class certification set by Wal-Mart Stores, Inc. v. Betty Dukes, et al., a New Jersey federal judge held Dec. 14 (Carol Bell v. Lockheed Martin Corporation, No. 08-6292, D. N.J.; 2011 U.S. Dist. LEXIS 143657). Full story on lexis.com

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 11 held that the Outer Continental Shelf Lands Act (OCSLA) "extends coverage to an employee who can establish a substantial nexus between his injury and his employer's extractive operations" on the Outer Continental Shelf (OCS), affirming a Ninth Circuit U.S. Court of Appeals decision in a fatal workplace accident action (Pacific Operators Offshore, LLP, et al. v. Luisa L. Valladolid, et al., No. 10-507, U.S. Sup.; 2012 U.S. LEXIS 577; See 10/11/11, Page 19). Full story on lexis.com

MIAMI - A Florida federal judge on Dec. 6 compelled arbitration of a seafarer's injury-related case filed against a cruise line that employed him, finding that an affirmative defense related to public policy under the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (Simone Lazarus v. Princess Cruise Lines Ltd., No. 1:11-cv-22665, S.D. Fla.; 2011 U.S. Dist. LEXIS 140123). Full story on lexis.com

RALEIGH, Miss. - A Mississippi judge on Dec. 27 voided and vacated a record-setting $322 million asbestos verdict, as well as various rulings and orders of a judge recused by the Mississippi Supreme Court (Thomas Brown Jr. v. Phillips 66, et al., No. 2006-196, Miss. Cir., Smith Co.). Full story on lexis.com

CHICAGO - A nurse-midwife did not demonstrate sufficient qualifications to opine that an employment discrimination plaintiff suffered preterm labor because of stress at work, a federal magistrate judge in Illinois held Dec. 6 in excluding her testimony (Janidet Lujano v. Town of Cicero, et al., No. 07 C 4822, N.D. Ill., Eastern Div.; 2011 U.S. Dist. LEXIS 139944). Full story on lexis.com

OKLAHOMA CITY - A former insurance company worker who is HIV-positive presented no evidence that his supervisors knew about his condition before terminating his employment, an Oklahoma federal judge held Dec. 16 in granting the company's motion for summary judgment on the worker's disability discrimination claims (Terry Hill v. Farmers Insurance Exchange, No. 10-306, W.D. Okla.; 2011 U.S. Dist. LEXIS 144938). Full story on lexis.com

NEW YORK - An employee's 90-day limitations period for bringing an employment discrimination claim begins to run when a right-to-sue letter is first received by the claimant or the claimant's counsel, the Second Circuit U.S. Court of Appeals ruled Dec. 20 (Lorrie A. Tiberio v. Allergy Asthma Immunology of Rochester, No. 11-2576, 2nd Cir.; 2011 U.S. App. LEXIS 25143). Full story on lexis.com

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Jan. 4 ordered a new trial in an employment discrimination case against United Parcel Service Inc. (UPS) after finding that a federal judge in New Jersey abused his discretion when dismissing the woman's action as a sanction for her failure to produce original copies of two doctors' notes until after a mistrial was declared (Laureen Bull v. United Parcel Service Inc., No. 10-4339, 3rd Cir.). Full story on lexis.com

LOS ANGELES - Clothing company American Apparel Inc. will pay a former employee $40,000 and implement an Americans with Disabilities Act (ADA) compliance procedure to settle the worker's disability discrimination claims, according to a settlement and consent decree order filed Dec. 15 in a California federal court (U.S. Equal Employment Opportunity Commission v. American Apparel, et al., No. 10-07280, C.D. Calif.; 2011 U.S. Dist. LEXIS 145212). Full story on lexis.com

PHILADELPHIA - A Philadelphia School District employee who was not reinstated to her job after missing time because of an injury has presented material factual disputes on her disability discrimination claims that must be resolved by a jury, a Pennsylvania federal judge held Dec. 27 in denying the School District's motion for summary judgment (Jocelyn A. Hemphill v. The School District Of Philadelphia, No. 11-0570, E.D. Pa.; 2011 U.S. Dist. LEXIS 148393). Full story on lexis.com

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 6 reinstated discrimination and retaliation claims by a U.S. Postal Service employee who was terminated after expressing thoughts of killing her supervisor (Denise Coleman v. Patrick R. Donahoe, Postmaster General, No. 10-3694, 7th Cir.; 2012 U.S. App. LEXIS 241). Full story on lexis.com

WASHINGTON, D.C. - An employment agreement that precludes employees from filing joint, class or collective claims concerning wages, hours or other working conditions unlawfully restricts employees' "right to engage in concerted action for mutual aid or protection, notwithstanding the Federal Arbitration Act [FAA]," the National Labor Relations Board ruled in an opinion released Jan. 6 (D.R. Horton, Inc. and Michael Cuda, No. 12-CA-25764, NLRB). Full story on lexis.com

WASHINGTON, D.C. - A bid by 44 black firefighters and emergency personnel for class certification of a complaint alleging racial discrimination in their employment fails because they did not meet the commonality requirement established by Wal-Mart Stores, Inc. v. Betty Dukes, et al., a Washington federal judge held Dec. 23 (Gerald Burton, et al., v. District of Columbia, No. 10-01750, D. D.C.; 2011 U.S. Dist. LEXIS 147874). Full story on lexis.com

RALEIGH, N.C. - A North Carolina federal judge on Dec. 27 refused to dismiss race discrimination claims filed by a former branch manager for a national rental car company, finding that the former employee sufficiently alleges - under a "mixed motive" theory - that although the company may have had a legitimate reason for firing him, his termination may have been based on racial bias as well (Michael D. Campbell v. Enterprise Holdings, Inc., No. 11-424, E.D. N.C.; 2011 U.S. Dist. LEXIS 148302). Full story on lexis.com

WASHINGTON, D.C. - A woman's race, sex and age discrimination claims against the government agency where she works fail because the agency has shown legitimate and nondiscriminatory reasons for not promoting her, and she has not demonstrated that the agency's reasons amounted to pretext for unlawful discrimination, a Washington federal judge held Dec. 12 in granting the agency's motion for summary judgment (Rixene W. Hicks v. Joshua Gotbaum, No. 07-1959, D. D.C.; 2011 U.S. Dist. LEXIS 142403). Full story on lexis.com

BROOKLYN, NY - A former Federal Express Corp. managerial employee failed to show an inference that the company discriminated against him because of his race when it fired him for allegedly violating company policy, a New York federal judge ruled Jan. 6 in granting the company summary judgment on the manager's pro se claims (Reinere R. Renaud v. Federal Express Corporation, No. 10-4261, E.D. N.Y.; 2012 U.S. Dist. LEXIS 1452). Full story on lexis.com

DENVER - A Denver firefighter failed to show that the fire department's delay in investigating and disciplining his supervisor for allegedly assaulting him on the job amounted to race discrimination, a Colorado federal judge held Dec. 23 in granting the city summary judgment and dismissing the firefighter's case (Quentin J. Schamber v. City and County of Denver, No. 10-01237, D. Colo.; 2011 U.S. Dist. LEXIS 148078). Full story on lexis.com

NEW YORK - Two companies that share common management and ownership and have an interrelation of operations and labor relations constitute a single employer for the purposes of the National Labor Relations Act (NLRA), the Second Circuit U.S. Court of Appeals ruled Jan.4 (Carnival Carting, Inc., et al. v. National Labor Relations Board, Nos. 10-3408, 10-3410, 2nd Cir.; 2012 U.S. App. LEXIS 144). Full story on lexis.com

SEATTLE - A Washington federal judge on Dec. 16 granted summary judgment to Microsoft Corp. on a former employee's wrongful discharge and national origin discrimination claims, finding that the worker failed to identify a public policy that his discharge violated and that his discrimination charge was improperly based on citizenship (Russell Childs v. Microsoft Corporation, No. 10-1916, W.D. Wash.; 2011 U.S. Dist. LEXIS 145753). Full story on lexis.com

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Jan. 6 upheld the rejection of the a police department employee's claims that she was improperly terminated, finding that the employee was not qualified for the job after refusing to follow the established chain of command (Katherine A. Swilley v. City of Houston, et al., No. 11-20374, 5th Cir.; 2012 U.S. App. LEXIS 365). Full story on lexis.com

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Jan. 6 reinstated race discrimination and wrongful termination claims brought by an employee against his former employer but upheld a summary judgment ruling for the employer on a retaliation claim (Philip Lawrence v. Turner's Outdoorsman Corp., No. 10-55710, 9th Cir.; 2012 U.S. App. LEXIS 354). Full story on lexis.com

CINCINNATI - A panel of the Sixth Circuit U.S. Court of Appeals on Dec. 8 affirmed an $880,000 verdict against drug and medical device maker B. Braun Medical Inc., saying a sales representative had proven to a jury that she was fired for opposing off-label sales of two drugs (Lynn A. Morrison v. B. Braun Medical Incorporated, No. 10-1548, 6th Cir.; 2011 U.S. App. LEXIS 24246). Full story on lexis.com

WASHINGTON, D.C. - A Social Security Administration (SSA) employee was properly removed from her post after failing to meet the requirements of a clearly stated performance improvement plan in the allotted time, the Federal Circuit U.S. Court of Appeals ruled Dec. 9, upholding a decision by the Merit Systems Protection Board (Victoria V. Salmon v. Social Security Administration, No. 2011-3029, Fed. Cir.; 2011 U.S. App. LEXIS 24408). Full story on lexis.com

NEW YORK - A plaintiff in an age discrimination and retaliation case failed to show that a magistrate judge erred in ordering production of the plaintiff's handwritten notes, a federal judge in New York ruled Dec. 5, after finding that counsel's receipt of the notes does not make them privileged (Daniel P. Graves v. Deutsche Bank Securities Inc., No. 07 Civ. 5471, S.D. N.Y.; 2011 U.S. Dist. LEXIS 140429). Full story on lexis.com

WASHINGTON, D.C. - Cash balance pension plan participants on Dec. 22 asked the U.S. Supreme 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.). Full story on lexis.com

TOPEKA, Kan. - Former employees of Home Depot USA Inc. who filed a class action against the company sufficiently alleged that Home Depot discriminates against older workers, a Kansas federal judge held Jan. 9 in denying the company's motion to dismiss the complaint (Karen Griffin, et al. v. Home Depot USA, Inc., No. 11-2366, D. Kan.; 2012 U.S. Dist. LEXIS 2502). Full story on lexis.com

CHICAGO - A woman's claim that the Chicago Board of Education discriminated against her because of her age when it hired a younger, less qualified person as a high school librarian fails because the hiring was a legitimate business decision by the board and there was no pretext of discrimination, an Illinois federal judge ruled Dec. 29 (Joann Kuhr v. Board of Education of the City of Chicago, No. 09-6357, N.D. Ill.; 2011 U.S. Dist. LEXIS 149700). Full story on lexis.com

CHICAGO - An age discrimination claim by a former director of operations for a fast-food restaurant company can proceed even though he failed to timely provide information about damages, an Illinois federal judge ruled Dec. 29 in denying the company's request for summary judgment (Tariq Malik v. Falcon Holdings, LLC, No. 10-3451, N.D. Ill.; 2011 U.S. Dist. LEXIS 149150). Full story on lexis.com

WICHITA, Kan. - A Boeing Co. employee did not prove that his demotion was related to his partial blindness but did present evidence to create a genuine dispute of material fact about whether his age had something to do with the demotion, a Kansas federal judge held Dec. 14 in granting in part and denying in part Boeing's motion for summary judgment on the employee's discrimination claims (Rick Markham v. The Boeing Company, No. 10-1363, D. Kan.; 2011 U.S. Dist. LEXIS 143807). Full story on lexis.com

CINCINNATI - A Michigan woman proved a prima facie case of age discrimination against her former employer, but her inability to prove pretext was fatal to her lawsuit, the Sixth Circuit U.S. Court of Appeals ruled Dec. 15 (Regina Provenzano v. LCI Holdings, Inc., No. 10-1639, 6th Cir.; 2011 U.S. App. LEXIS 24797). Full story on lexis.com

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 9 partially reversed a sexual harassment verdict in favor of two restaurant employees, finding that the District Court must re-examine the corporate liability of a management consulting services company hired by the restaurant owner (Equal Employment Opportunity Commission v. Management Hospitality of Racine, Inc. d/b/a/ International House of Pancakes, et al., No. 10-3247, 7th Cir.; 2012 U.S. App. LEXIS 383). Full story on lexis.com

BAY CITY, Mich. - A Michigan federal judge on Dec. 23 dismissed an Indian tribe's complaint seeking to enjoin the National Labor Relations Board from applying the National Labor Relations Act (NLRA) to the tribe's casino operations, finding that the tribe failed to exhaust its administrative remedies before the NLRB (Saginaw Chippewa Indian Tribe of Michigan v. The National Labor Relations Board, et al., No. 11-14652, E.D. Mich.; 2011 U.S. Dist. LEXIS 147667). Full story on lexis.com

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 9 upheld a district court ruling rejecting a former correctional facility employee's claim that her speech about alleged violations of prison rules was protected (Cheryl A. Slater v. Susquehanna County, et al., No. 11-1726, 3rd Cir.; 2012 U.S. App. LEXIS 406). Full story on lexis.com

NEW YORK - The Second Circuit U.S. Court of Appeals on Dec. 12 reinstated a teacher's lawsuit claiming that she was denied tenure and terminated after her employer discovered a complaint she had filed in another school district about a teacher she believed was verbally abusing her students (Nancy L. Nagle v. Paula Marron, et al., No. 10-1420, 2nd Cir.; 2011 U.S. App. LEXIS 24563). Full story on lexis.com

NEW HAVEN, Conn. - A former police officer's criticism of officials in the town where she worked is protected by the First Amendment to the U.S. Constitution because it was a matter of public concern and because she was speaking as a citizen rather than just as an employee, a Connecticut federal judge held Dec. 28 in denying the officials' bid for summary judgment on the woman's retaliation claim (Rebecca Ricciuti v. Garry Gyzenis, et al., No. 09-826, D. Conn.; 2011 U.S. Dist. LEXIS 148748). Full story on lexis.com

LAS VEGAS - A Nevada federal judge on Jan. 9 dismissed a professional negligence claim against an assistant U.S. attorney who represented the National Labor Relations Board in proceedings against U-Haul International Inc. in which another assistant U.S. attorney allegedly received information about U-Haul from a paralegal representing the company with whom he was having an affair (U-Haul International, Inc., et al. v. United States of America, et al., No. 08-00729, D. Nev.; 2012 U.S. Dist. LEXIS 2636). Full story on lexis.com

WASHINGTON, D.C. - Claims by law school graduates that the U.S. Department of Justice (DOJ) violated the Privacy Act of 1974 by rejecting them and other applicants for employment based on their political affiliations fail because the DOJ records that could prove the allegations have been destroyed, a Washington federal judge held Dec. 15 in granting the DOJ summary judgment (Sean M. Gerlich, et al., v. United States Department of Justice, et al., No. 08-1134, D. D.C.; 2011 U.S. Dist. LEXIS 144416). Full story on lexis.com

PHILADELPHIA - Allegations made by two employees, whose personal information was threatened after the computer system of the company responsible for their payroll was compromised, of possible future injury fail to establish standing under Article III, the Third Circuit U.S. Court of Appeals ruled Dec. 12, upholding a district court ruling (Kathy Reilly, et al. v. Ceridian Corporation, No. 11-1738, 3rd Cir.; 2011 U.S. App. LEXIS 24561). Full story on lexis.com

NEWARK, N.J. - A New Jersey federal judge on Jan. 9 stayed a race, gender and age discrimination action filed by a former department store employee pending arbitration of the dispute, finding that the parties entered into a valid agreement to arbitrate and that the department store had not waived its right to arbitration (Shelita Bourgeois v. Nordstrom, Inc., No. 11-2442, D. N.J.; 2012 U.S. Dist. LEXIS 2275). Full story on lexis.com

FRESNO, Calif. - A dispute between a medical transportation company and a labor union over changes in work assignments must be resolved through arbitration pursuant to the parties' collective bargaining agreement, a California federal judge ruled Dec. 23 (National Emergency Medical Services Association v. American Medical Response West, No. 11-00077, E.D. Calif.; 2011 U.S. Dist. LEXIS 148065). Full story on lexis.com

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Dec. 12 upheld a district court ruling rejecting a New Jersey consortium of five municipalities' residency requirement for its firefighters (The National Association of the Advancement of Colored People "NAACP," et al. v. North Hudson Regional Fire & Rescue, Nos. 10-3965, 10-3983, 3rd Cir.; 2011 U.S. App. LEXIS 24562). Full story on lexis.com

Case: Salah Anani v. CVS Rx Services, Inc., No. 11-2359, 2nd Cir.; See December 2011, Page 55. Appellee brief: Filed Jan6 by CVS Rx Services IncBrief available 73-120113-501B Full story on lexis.com

Case: Jesse Busk, et al. v. Integrity Staffing Solutions, Inc., No. 11-16892, 9th Cir. Appellant brief: Filed Dec14 by Jesse Busk and Laurie CastroBrief available 73-120113-504B Full story on lexis.com

Case: United Food and Commercial Workers Local #23 v. Giant Eagle Markets Company, No. 11-2536, 3rd Cir. Full story on lexis.com

Case: Dimas Lopez, et al. v. Tyson Foods, Inc., No. 11-2344, 8th Cir. Appellant brief: Filed Oct13 by Dimas Lopez and 19 others, on behalf of themselves and all other similarly situated individualsBrief available 73-120113-511B Full story on lexis.com

Case: Webster Proctor, et al. v. Nike Retail Services, Inc., et al., No. 11-6711, N.D. Calif. Complaint: Filed Dec29 by Webster ProctorComplaint available 43-120106-015C Full story on lexis.com

Case: David Ojeda-Sanchez, et al. v. Bland Farms, No. 11-13835, 11th Cir.; See December 2011, Page 59. Full story on lexis.com

Case: Palm Beach Metro Transportation, LLC v. National Labor Relations Board, No. 11-13681, 11th Cir. Full story on lexis.com

Case: SEIU, United Healthcare Workers-West v. Centinela Hospital Medical Center, No. 11-56080, 9th Cir. Full story on lexis.com

Case: Warren Unilube, Inc. v. National Labor Relations Board, Nos. 11-2664 and 11-2974, 8th Cir.; See November 2011, Page 52. Full story on lexis.com

Case: Salah Anani v. CVS Rx Services, Inc., No. 11-2359, 2nd Cir. Appellant brief: Filed Oct7 by Salah AnaniBrief available 73-111209-501B Full story on lexis.com

Case: U.S. Equal Employment Opportunity Commission v. Butterball, Inc., No. 11-685, E.D. N.C. Complaint: Filed Dec1 by the USEqual Employment Opportunity CommissionComplaint available 73-111209-509C Full story on lexis.com

Case: Fresh & Easy Neighborhood Market Inc. v. National Labor Relations Board, Nos. 11-1052, 11-1126, 11-1311, and 11-1335, D.C. Cir. Full story on lexis.com

Case: Hilda L. Solis, Secretary of Labor, United States Department of Labor v. Hill Country Farms, Inc., d/b/a Henry's Turkey Services, et al., No. 11-3069, 8th Cir. Full story on lexis.com

Case: National Federation of Federal Employees - IAM v. Thomas J. Vilsack, Secretary, United States Department of Agriculture, et al., No. 11-5135, D.C. Cir.; See October 2011, Page 51. Full story on lexis.com

Case: David Ojeda-Sanchez, et al. v. Bland Farms, No. 11-13835, 11th Cir. Appellant brief: Filed Nov2 by David Ojeda-Sanchez and 82 othersBrief available 73-111209-505B Full story on lexis.com

Case: Pfizer, Inc. v. Janet Rodriguez, No. 11112083, N.Y. Sup., New York Co. Complaint: Filed Oct24 by Pfizer IncComplaint available 73-111209-504C Full story on lexis.com

Case: Public Service Company of New Mexico v. National Labor Relations Board, Nos. 11-9546 and 11-9540, 10th Cir. Full story on lexis.com

Case: Luis Ramos, et al. v. Baldor Specialty Foods, Inc., et al., No. 11-2616, 2nd Cir. Appellant brief: Filed Oct13 by Luis Ramos, Herber Martinez, Leobardo Moreno, Wilner Dubon, Sergio Calderon, Jose Barranco, Oswaldo Erazo and Mariano CastranoBrief available 73-111209-506B Full story on lexis.com

Case: National Labor Relations Board v. International Brotherhood of Teamsters, Local 251, No. 11-1818, 1st Cir. Full story on lexis.com

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 28 agreed to hear the appeal of a ruling by the Ninth Circuit U.S. Court of Appeals that a pharmaceutical giant's sales representatives are exempt from the Fair Labor Standards Act's overtime pay requirements (Michael Shane Christopher, et al. v. SmithKline Beecham Corporation, dba GlaxoSmithKline, No. 11-204, U.S. Sup.; See March 2011, Page 16). Full story on lexis.com

NEW YORK - A New York federal judge on Nov. 16 certified a class of restaurant workers in an action alleging state and federal wage violations, holding that the U.S. Supreme Court's recent decision in Wal-Mart Stores, Inc. v. Dukes does not bar class certification for the restaurant workers (Olmedo Espinoza and Tomas Lopez v. 953 Associates LLC, et al., No. 10-5517, S.D. N.Y.; 2011 U.S. Dist. LEXIS 132098). Full story on lexis.com

MEMPHIS, Tenn. - A Tennessee federal judge on Nov. 18 conditionally certified a class of customer service call center workers in a lawsuit alleging overtime violations of the Fair Labor Standards Act (FLSA), holding that the plaintiffs had met the "fairly lenient" standard for pleading class certification at the prediscovery stage of the action (Alayne Garrett, et al. v. Sitel Operating Corporation, No. 10-2900, W.D. Tenn.; 2011 U.S. Dist. LEXIS 133846). Full story on lexis.com

SAN FRANCISCO - A California federal judge on Nov. 14 conditionally certified a collective action alleging that an industrial supply, service and installation company misclassified its general managers as exempt employees under the Fair Labor Standards Act (FLSA) (Kristopher Deane, et al. v. Fastenal Company, No. 11-42, N.D. Calif.; 2011 U.S. Dist. LEXIS 131178). Full story on lexis.com

FRESNO, Calif. - A California federal magistrate judge on Nov. 10 granted preliminary approval of a $925,000 settlement in a class suit filed by agricultural workers, alleging that they are owed unpaid wages (Jose Morales, et al. v. Stevco, Inc., et al., No. 09-704, E.D. Calif.; 2011 U.S. Dist. LEXIS 130604). Full story on lexis.com

RIVERSIDE, Calif. - A California federal judge on Nov. 9 rejected a proposed settlement in a wage-and-hour suit, finding that the settlement motion lacked a sign-off by the employer and that the proposed settlement breakdown was unreasonable (Rene O. Quiroz Sandoval, et al. v. Roadlink USA Pacific, Inc., et al., No. 10-973, C.D. Calif.; 2011 U.S. Dist. LEXIS 130378). Full story on lexis.com

NEWARK, N.J. - A New Jersey federal judge on Nov. 29 granted collective certification in a suit filed by an oil inspector who claims that his former employer used a "fluctuating workweek" to avoid paying employees the overtime they were legally owed (Jeramie Elliott v. Amspec Services, LLC, No. 10-6575, D. N.J.; 2011 U.S. Dist. LEXIS 136503). Full story on lexis.com

NEWARK, N.J. - A New Jersey federal judge on Nov. 28 refused to dismiss a state law claim that the defendants in an overtime lawsuit say is incompatible with a federal overtime claim, finding that the motion to dismiss was filed prematurely (Alton Pridgen v. RAB Communications, Inc., No. 11-2255, D. N.J.; 2011 U.S. Dist. LEXIS 136031). Full story on lexis.com

SAN FRANCISCO - A California federal judge on Dec. 2 ordered two health club companies to arbitrate overtime violation claims of 16 former employees, finding that the companies had refused to arbitrate under Section 4 of the Federal Arbitration Act (FAA) (Gabe Beauperthuy, et al. v. 24 Hour Fitness USA, Inc., and Sport and Fitness Clubs of America, Inc., No. 06-715, N.D. Calif., 2011 U.S. Dist. LEXIS 138930). Full story on lexis.com

CHICAGO - An Illinois federal judge on Nov. 28 declined to dismiss or transfer a suit alleging overtime violations of the Fair Labor Standards Act (FLSA) against a bakery company but said he will consider staying the action, depending on what happens in a similar case filed in a Pennsylvania federal court (Steven Bell v. Bimbo Foods Bakeries Distribution, Inc., No. 11-03343, N.D. Ill.; 2011 U.S. Dist. LEXIS 135904). Full story on lexis.com

MIAMI - In denying a motion for summary judgment, a Florida federal judge on Dec. 1 ruled that a former security guard's unpaid overtime and retaliation claims under the Fair Labor Standards Act (FLSA) can proceed to trial because the guard's employer admitted to participating in interstate commerce (Hector Cortina v. F.A.D. Detective & Security Services, Inc., et al., No. 11-20732, S.D. Fla.; 2011 U.S. Dist. LEXIS 138286). Full story on lexis.com

HUNTINGTON, W. Va. - Minimum wage and overtime claims of two satellite television installers fail because the workers are properly classified as independent contractors under the six-factor test of a landmark U.S. Supreme Court ruling, a West Virginia federal judge held Dec. 2 (Russell Scruggs, et al. v. Skylink Ltd., No. 10-0789, S.D. W.Va.; 2011 U.S. Dist. LEXIS 138759). Full story on lexis.com

SAN ANTONIO - A class action alleging Fair Labor Standards Act overtime violations filed by workers at a Texas telecommunications company contains enough facts to survive a motion to dismiss, a Texas federal judge held Nov. 15 (Gregory D. Traub, et al. v. ECS Telecom Services LLC, et al., No. 11-0700, W.D. Texas; 2011 U.S. Dist. LEXIS 131353). Full story on lexis.com

DENVER - Two consultants who worked for a company that provides job transitioning assistance have sufficiently alleged that putative class action members were the victims of a single decision, policy or plan resulting in potential overtime violations of the Fair Labor Standards Act (FLSA), a Colorado federal judge held Dec. 6 in conditionally certifying a collective action (John Green and Elizabeth Enright v. Drake Beam Morin, Inc., No. 11-01063, D. Colo.; 2011 U.S. Dist. LEXIS 140160). Full story on lexis.com

DENVER - The Lilly Ledbetter Fair Pay Act did not rescue two school janitors' age discrimination and pay claims that were deemed untimely because they were filed more than two years after the janitors were demoted and informed that their pay would be cut, the 10th Circuit U.S. Court of Appeals ruled Nov. 29 (Dwight L. Almond, III, et al. v. Unified School District #501, No. 10-3315, 10th Cir.; 2011 U.S. App. LEXIS 23718). Full story on lexis.com

MIAMI - A Florida federal judge on Dec. 1 vacated a $25,000 judgment for a woman's estate in her discrimination and retaliation case against a former employer, finding that the plaintiffs' failure to disclose the woman's bankruptcy filing was "calculated to make a mockery of the judicial system" (Roberto Alvarez, et al. v. Royal Atlantic Developers, Inc., No. 07-21333, S.D. Fla.). Full story on lexis.com

OKLAHOMA CITY - A company that operates technical schools is not entitled to more than $250,000 in attorney fees from a former employee who lost an age discrimination suit against the company because the suit was not brought in bad faith, an Oklahoma federal judge ruled Nov. 23 (David Harris v. ITT Educational Services, Inc., No. 10-0941, W.D. Okla.; 2011 U.S. Dist. LEXIS 135805). Full story on lexis.com

PHILADELPHIA - Four former steel company workers who were terminated after it was discovered that they had been sharing sexually explicit photos via their work email addresses failed to prove that their terminations were actually a result of age discrimination, the Third Circuit U.S. Court of Appeals ruled Nov. 17 (Douglas M. Hodczak, et al. v. Latrobe Specialty Steel Company, No. 11-1085, 3rd Cir.; 2011 U.S. App. LEXIS 23052). Full story on lexis.com

DENVER - A Colorado federal judge on Nov. 30 dismissed a state law wrongful discharge claim in a woman's age discrimination lawsuit because the woman already has a remedy for wrongful termination under the federal Age Discrimination in Employment Act (ADEA) (Mary Basile v. Missionary Sisters of the Sacred Heart of Jesus-Stella Maris Province, et al., No. 11-01827, D. Colo.; 2011 U.S. Dist. LEXIS 137694). Full story on lexis.com

SPOKANE, Wash. - A Washington federal judge on Nov. 21 dismissed an age discrimination complaint filed by a former Bank of America N.A. employee, holding that the worker failed to establish a prima facie case to survive summary judgment (Debbie Shelley v. Bank of America, N.A., No. 10-5124, E.D. Wash.; 2011 U.S. Dist. LEXIS 134338). Full story on lexis.com

RICHMOND, Va. - A former hospital director failed to show that her termination for allegedly failing to renew a necessary certification was actual pretext for age discrimination, the Fourth Circuit U.S. Court of Appeals ruled Nov. 29 (Carol Sue Hart v. Bon Secours Baltimore Health System, et al., No. 10-2024, 4th Cir.; 2011 U.S. App. LEXIS 23767). Full story on lexis.com

ALBANY, NY - The placement of a global positioning system (GPS) device on the private vehicle of a state worker to investigate whether he was taking unauthorized absences and falsifying time records did not violate the worker's privacy rights, a split New York appellate panel ruled Nov. 23 (In the Matter of Michael A. Cunningham v. New York State Department of Labor, No. 512036, N.Y. Sup., App. Div., 3rd Dist.). Full story on lexis.com

CLEVELAND - A medical employee who was terminated for harassment and improper on-the-job Internet use failed to establish any privacy violations by his employer because he had no expectation of privacy in an email account he accessed on a company-owned computer in plain view of other employees, an Ohio federal judge ruled Nov. 15 (Ronnie Moore v. University Hospitals Cleveland Medical Center, No. 1:11-cv-00508, N.D. Ohio; 2011 U.S. Dist. LEXIS 131854). Full story on lexis.com

SEATTLE - A federal employee who is injured on the job and must refund the United States for disability benefits after recovering benefits from a third party may not deduct his or her litigation costs from that refund, the Ninth Circuit U.S. Court of Appeals ruled Nov. 17 (Steve Durand v. United States Department of Labor, et al., No. 10-36184, 9th Cir.; 2011 U.S. App. LEXIS 22985). Full story on lexis.com

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 30 upheld the denial of promotion and ultimate termination of a police detective who failed to show he was discriminated against due to a disability and, in fact, was shown to have lied about his alleged injuries (Daniel S. Griffin v. Municipality of Kingston, et al., No. 11-1768, 3rd Cir.; 2011 U.S. App. LEXIS 23847). Full story on lexis.com

ALEXANDRIA, Va. - A federal judge on Nov. 16 dismissed a workplace exposure lead poisoning lawsuit CIA, saying the claims should have been filed under the Federal Employees Compensation Act (FECA) instead of as a Privacy Act claim or under Bivens v. Six Unknown Fed. Narcotics Agents (403 U.S. 388, 91 S. Ct. 1999, 29 L. Ed. 2d 619 [1971]) (Franklin Richards v. Central Intelligence Agency, et al., No. 1:11cv784, E. D. Va., Alexandria Div.; 2011 U.S. Dist. LEXIS 132302). Full story on lexis.com

BOSTON - The wife of a now-deceased airport security screener has no right to sue her husband's former employer under the Rehabilitation Act due to the language of the Aviation and Transportation Security Act (ATSA), the First Circuit U.S. Court of Appeals ruled Nov. 10 in a case it notes is one of first impression (Martin Field, et al. v. Janet Napolitano, Secretary, Department of Homeland Security, No. 11-1339, 1st Cir.; 2011 U.S. App. LEXIS 22655). Full story on lexis.com

BOSTON - A former Department of Veterans Affairs employee failed to show that the limitations period to file a formal complaint with the Equal Employment Opportunity Commission should have been tolled, the First Circuit U.S. Court of Appeals ruled Nov. 10, affirming a district court ruling rejecting the employee's disability discrimination case (Donna Marie Farris v. Eric K. Shinseki, Secretary, Department of Veterans Affairs, No. 11-1080, 1st Cir.; 2011 U.S. App. LEXIS 22656). Full story on lexis.com

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 30 upheld a district court ruling that found that an arbitration panel did not err in refusing to consider an employer's alleged discriminatory acts prior to October 2000 and that the decision was not contrary to the Lilly Ledbetter Fair Pay Act of 2009, as the employee alleged (Roberta Schwartz v. Merrill Lynch & Co., Inc., et al., No. 10-0826, 2nd Cir.; 2011 U.S. App. LEXIS 23803). Full story on lexis.com

TRENTON, N.J. - Allegations of gender discrimination and retaliation by a former employee in the tax department of candy maker Mars Inc. state an issue of material fact and meet the standard of the New Jersey Law Against Discrimination (NJLAD), a federal judge in New Jersey held Nov. 15 in denying Mars' motion for summary judgment (Debora A. Schmidt v. Mars, Inc., No. 09-3008, D. N.J.; 2011 U.S. Dist. LEXIS 131393). Full story on lexis.com

PHILADELPHIA - A woman who works as a longshoreman at the Port of Philadelphia provided insufficient evidence to support her sex discrimination and retaliation claims against a labor union, a Pennsylvania federal judge ruled Nov. 28 in granting the union's motion for summary judgment (Carmen Smith v. Delaware River Stevedores, et al., No. 07-1864, E.D. Pa.; 2011 U.S. Dist. LEXIS 136010). Full story on lexis.com

MILWAUKEE - A federal judge in Wisconsin on Nov. 28 vacated an entry of default against a medical staffing company in a sex discrimination case, citing the Seventh Circuit U.S. Court of Appeals' policy of favoring deciding a case on the merits (Equal Employment Opportunity Commission, v. HCS Medical Staffing, Inc., No. 11-402, E.D. Wis.; 2011 U.S. Dist. LEXIS 136533). Full story on lexis.com

ATLANTA - The 11th Circuit U.S. Court of Appeals on Dec. 5 vacated the summary judgment motion for a Fortune 500 company accused of age, race, sex and disability discrimination after finding that the former employee bringing the allegations presented sufficient evidence that he filed timely charges with the Equal Employment Opportunity Commission (Richard V. Kelly v. The Dun & Bradstreet Corporation (D&B), et al., No. 11-10723, 11th Cir.; 2011 U.S. App. LEXIS 24106). Full story on lexis.com

BOSTON - The First Circuit U.S. Court of Appeals on Dec. 2 upheld a Rhode Island city's ordinance requiring a hospitality employer that takes over an existing business to, under most circumstances, retain its predecessor's employees for three months (Rhode Island Hospitality Association, et al. v. City of Providence, et al., No. 11-1415, 1st Cir.; 2011 U.S. App. LEXIS 23915). Full story on lexis.com

DETROIT - There are genuine issues of material fact about whether a telephone company properly terminated an employee due to her alleged Family Medical Leave Act (FMLA) fraud, a Michigan federal judge held Nov. 15 in denying the employer's motion for summary judgment (Diandra Gurne v. Michigan Bell Telephone Co. d/b/a AT&T, No. 10-14666, E.D. Mich.; 2011 U.S. Dist. LEXIS 131579). Full story on lexis.com

NEW YORK - The Second Circuit U.S. Court of Appeals on Dec. 5 reinstated a single Family and Medical Leave Act (FMLA) claim by a former Citigroup employee who was terminated as part of a downsizing (Beverly A. Riddle v. Citigroup, et al., No. 10-5030, 2nd Cir.; 2011 U.S. App. LEXIS 24114). Full story on lexis.com

BOSTON - A General Electric Co. employee who was switched to a lucrative position after her own was terminated, but the position ended up being temporary, failed to prove that the union or GE breached its duties, the First Circuit U.S. Court of Appeals ruled Nov. 16 (Wendy Balser v. International Union of Electronic, Electrical, Salaried, Machine & Furniture Workers [IUE] Local 201, et al., No. 10-2488, 1st Cir.; 2011 U.S. App. LEXIS 22896). Full story on lexis.com

TOLEDO, Ohio - A federal judge in Ohio on Nov. 30 dismissed a lawsuit filed against insurance agencies regarding their alleged breach of fiduciary duty pursuant to an employment agreement (Andrew Gallegos v. Baldwin & Lyons Inc., et al., No. 11-409, N.D. Ohio). Full story on lexis.com

PHILADELPHIA - A New Jersey attorney failed to show that a court official retaliated against him personally in connection with two lawsuits he had filed on others' behalf or that the court officials failed to properly train employees, the Third Circuit U.S. Court of Appeals ruled Nov. 18 (Thomas B. Duffy v. Howard E. Freed, et al., No. 10-4102, 3rd Cir.; 2011 U.S. App. LEXIS 23232). Full story on lexis.com

PHILADELPHIA - A Pennsylvania school district custodian failed in two separate actions to successfully sue his employer for racial discrimination and retaliation, the Third Circuit U.S. Court of Appeals ruled Nov. 17, affirming a trial court ruling (Kenneth Huggins, Sr. v. Coatesville Area School District, et al., No. 10-4484, 3rd Cir.; 2011 U.S. App. LEXIS 23112). Full story on lexis.com

ANN ARBOR, Mich. - A Michigan woman's lawsuit sufficiently alleges that she was terminated from her job in retaliation for complaining about her pay, in violation of the Fair Labor Standards Act (FLSA) and the Michigan Whistleblowers Protection Act (WPA), a federal judge held Nov. 22 in denying a motion for summary judgment filed by the woman's employer (Jennifer Lynn Morris v. Aon Service Corporation, et al., No. 10-14620, E.D. Mich.; 2011 U.S. Dist. LEXIS 134466). Full story on lexis.com

TALLAHASSEE, Fla. - A former budget specialist for the State of Florida has established a prima facie case of racial discrimination, a Florida federal judge held Nov. 18 in denying a motion to dismiss the woman's lawsuit against the state (Oneida Rivera v. State of Florida, Department Of Health, No. 11-509, N.D. Fla.; 2011 U.S. Dist. LEXIS 133653). Full story on lexis.com

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 5 affirmed the Merit Systems Protection Board's (MSPB) dismissal of a former government employee's appeal of his termination for lack of jurisdiction (Ahmed M. Younies v. Merit Systems Protection Board, No. 2011-3031, Fed. Cir.; 2010 U.S. App. LEXIS 27418). Full story on lexis.com

NASHVILLE, Tenn. - A Tennessee federal judge on Nov. 18 dismissed two sexual harassment claims filed by a woman against the resort vacation company she worked for but held that her hostile work environment and retaliation claims based on sexual harassment survive summary judgment (Jana Rosson v. Wyndham Vacation Resorts, Inc., et al., No. 10-0429, M.D. Tenn.; 2011 U.S. Dist. LEXIS 133422). Full story on lexis.com

CINCINNATI - An Ohio city firefighter who spoke out at a public meeting about safety concerns after the dive team was cut spoke as a private citizen about matters of public concern, and his speech may have been protected by the First Amendment to the U.S. Constitution as the city has so far been unable to show that his comments included recklessly false statements, the Sixth Circuit U.S. Court of Appeals ruled Dec. 6 (Ron Westmoreland v. Deborah L. Sutherland, et al., No. 10-3766, 6th Cir.; 2011 U.S. App. LEXIS 24105). Full story on lexis.com

PHILADELPHIA - The Third Circuit U.S. Court of Appeals' two-prong approach outlined in Eisenberg ex rel. v. N.L.R.B. v. Hartz Mountain Corp. (519 F.2d 138 [3d Cir. 1975]) that allows a federal district court to award interim injunctive relief as long as it finds "reasonable cause" to believe an unfair labor practice has occurred and determines that the relief sought is "just and proper" is not inconsistent with the U.S. Supreme Court's ruling in Weinberger v. Romero-Barcelo (456 U.S. 305 [1982]), the Third Circuit ruled Dec. 7 (Robert W. Chester v. Grane Healthcare Co., et al., Nos. 11-2573 & 11-2978, 3rd Cir.; 2011 U.S. App. LEXIS 24151). Full story on lexis.com

Case: National Labor Relations Board v. Downtown Bid Services Corporation, No. 11-1199, D.C. Cir. Full story on lexis.com

Case: Betty Dukes, et al. v. Wal-Mart Stores, Inc., No. 01-2252, N.D. Calif. Amended complaint: Filed Oct27 by Betty Dukes, Patricia Surgeson, Cleo Page, Deborah Gunter, Karen Williamson, Christine Kwapnowski and Edith AranaComplaint available 43-111104-006C Full story on lexis.com

Case: White Motor Sales d/b/a Fairfield Toyota, et al. v. National Labor Relations Board, Nos. 11-1218 and 11-1264, D.C. Cir. Full story on lexis.com

Case: National Labor Relations Board v. American Firestop Solutions, Inc., No. 11-1440, 8th Cir. Full story on lexis.com

Case: Lakeland Health Care Associates, LLC d/b/a Wedgewood Healthcare Center v. National Labor Relations Board, Nos. 11-12000 and 11-12638, 11th Cir.; See September 2011, Page 48. Full story on lexis.com

Case: Monmouth Care Center, et al. v. National Labor Relations Board, No. 10-1400, D.C. Cir. Petitioner brief: Filed Sept13 by Monmouth Care Center, Milford Manor Nursing and Rehabilitation Center and Pinebrook Nursing Home and Rehabilitation CenterBrief available 73-111111-505B Full story on lexis.com

Case: Stephanie Odle, et al. v. Wal-Mart Stores, Inc., No. 11-2954, N.D. Texas. Complaint: Filed Oct28 by Stephanie OdleComplaint available 43-111104-014C Full story on lexis.com

Case: Stephens Media, LLC d/b/a Hawaii Tribune-Herald v. National Labor Relations Board, Nos. 11-1054 and 11-1088, D.C. Cir. Full story on lexis.com

Case: National Labor Relations Board v. Teamsters, Local Union 523, Affiliated with the International Brotherhood of Teamsters, Nos. 11-9538 and 11-9542, 10th Cir. Full story on lexis.com

Case: Warren Unilube, Inc. v. National Labor Relations Board, Nos. 11-2664 and 11-2974, 8th Cir. Full story on lexis.com

WASHINGTON, D.C. - A federal prisoner suing over his alleged mistreatment behind bars has failed to show that the remedies provided in Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics (403 U.S. 388 [1971]) are applicable, the attorney representing the prison management company and several of the company's employees argued Nov. 1 before the U.S. Supreme Court (Margaret Minneci, et al. v. Richard Lee Pollard, et al., No. 10-1104, U.S. Sup.; See August 2011, Page 9). Full story on lexis.com

DENVER - A jury's $2 million punitive damages award to an employee whom it determined had been fired in retaliation for filing a workers' compensation claim was excessive and violated the employer's federal due process rights, the 10th Circuit U.S. Court of Appeals ruled Oct. 24 (Keith Jones v. United Parcel Service, Inc., No. 09-3275, 10th Cir.; 2011 U.S. App. LEXIS 21487). Full story on lexis.com

PHILADELPHIA - A Department of Veterans Affairs (VA) employee failed to show that his proposed termination, that was later reduced to a suspension, was motivated by his gender or race or was in retaliation for a complaint he filed against his employer, a Pennsylvania federal judge ruled Oct. 25 (James T. Moore v. Eric K. Shinseki, secretary United States Department of Veterans Affairs, No. 10-4463, E.D. Pa.; 2011 U.S. Dist. LEXIS 123213). Full story on lexis.com

NEW ORLEANS - A part-time school counselor who was terminated after refusing to take on full-time hours failed to show that she was actually the victim of age discrimination or retaliation, the Fifth Circuit U.S. Court of Appeals ruled Nov. 3 (Laura A. Harris v. Martinsville Independent School District, No. 11-40138, 5th Cir.; 2011 U.S. App. LEXIS 22424). Full story on lexis.com

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 2 affirmed the rejection of discrimination and retaliation claims by a former New York City teacher after finding that his termination was permitted in light of his probationary status and numerous performance problems (Paul Desir v. City of New York, et al., No. 10-3815, 2nd Cir.; 2011 U.S. App. LEXIS 22167). Full story on lexis.com

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 27 upheld a more than half a million dollar jury verdict for a police officer claiming gender discrimination and retaliation (Katherine J. Lee v. City of Syracuse, et al., Nos. 10-3206, 10-3304, 10-3308, 2nd Cir.; 2011 U.S. App. LEXIS 21801). Full story on lexis.com

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Oct. 26 enforced a ruling by the National Labor Relations Board that assistant managers at a youth home were not "supervisors" under the National Labor Relations Act (NLRA) and thus were able to participate in a unionizing vote (Mars Home for Youth v. National Labor Relations Board, No. 11-1250, National Labor Relations Board v. Mars Home for Youth, No. 11-1590, 3rd Cir.; 2011 U.S. App. LEXIS 21721). Full story on lexis.com

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 3 enforced a decision and order by the National Labor Relations Board (NLRB) finding that a Pennsylvania school bus company violated the National Labor Relations Act (NLRA) when it refused to bargain with the union representing its full-time and regular part-time bus drivers and bus aides (National Labor Relations Board v. Gross School Bus Service, Inc., No. 11-1506, Gross School Bus Service, Inc. v. National Labor Relations Board, No. 11-1653, 3rd Cir.; 2011 U.S. App. LEXIS 22323). Full story on lexis.com

PASADENA, Calif. - A California federal judge did not err when he issued a preliminary injunction against a hospital buyer that refused to bargain with the union representing nurses, the Ninth Circuit U.S. Court of Appeals ruled Oct. 31 (James F. Small, Regional Director of Region 21 of the National Labor Relations Board for and on behalf of the National Labor Relations Board v. Avanti Health Systems, LLC, et al., No. 11-55563, 9th Cir.). Full story on lexis.com

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 18 upheld the rejection of two workers' hostile work environment suit against their union after finding that the union had no role in creating the alleged atmosphere (Richard A. Arrieta, et al. v. Local 745 of the International Brotherhood of Teamsters, et al., No. 11-10373, 5th Cir.; 2011 U.S. App. LEXIS 21236). Full story on lexis.com

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Nov. 9 reinstated a former marketing director's suit in which she alleged that she was terminated due to her pregnancy, after finding that a district court improperly refused to admit alleged statements by a co-worker that the termination was indeed due to the pregnancy (Laura A. Makowski v. SmithAmundsen LLC, et al., No. 10-3330, 7th Cir.; 2011 U.S. App. LEXIS 22583). Full story on lexis.com

DENVER - A now totally disabled worker may proceed with his disability discrimination claim against his former employer after presenting sufficient evidence that before becoming completely disabled, he may have been terminated simply because his employer no longer wanted to provide him with accommodations, the 10th Circuit U.S. Court of Appeals ruled Nov. 3 (Dennis Carter v. Pathfinder Energy Services, Inc., No. 10-8112, 10th Cir.; 2011 U.S. App. LEXIS 22157). Full story on lexis.com

NEW ORLEANS - A United Parcel Service (UPS) employee who suffers from diabetes is not disabled within the meaning of the Americans with Disabilities Act (ADA), the Fifth Circuit U.S. Court of Appeals ruled Oct. 19 (Rommel E. Griffin, Sr. v. United Parcel Service, Incorporated, No. 10-30854, 5th Cir.; 2011 U.S. App. LEXIS 21148). Full story on lexis.com

BOSTON - A Puerto Rican man suffering from epilepsy failed to show that he was disabled under the Americans with Disabilities Act (ADA) and that he was denied full-time hours because of his impairment, the First Circuit U.S. Court of Appeals ruled Oct. 21 (Pedro L. Ramos-Echevarr[#237]a, et al. v. Pichis, Inc. d/b/a Pichis Hotel and Convention Center, et al., No. 10-1522, 1st Cir.; 2011 U.S. App. LEXIS 21302). Full story on lexis.com

RICHMOND, Va. - A U.S. Army Corps of Engineers worker failed to show that she had a permanent disability making it necessary for her to have a parking space adjacent to her building, the Fourth Circuit U.S. Court of Appeals ruled Oct. 26 in a per curiam opinion in which it also held that the employee's attempt to add a hostile work environment claim was untimely (Lisa K. Mullen v. John McHugh, No. 10-1278, 4th Cir.; 2011 U.S. App. LEXIS 21680). Full story on lexis.com

SAN FRANCISCO - A federal district court has subject matter jurisdiction to determine whether passenger stage corporation (PSC) drivers are employees or independent contractors under California law, the Ninth Circuit U.S. Court of Appeals ruled Nov. 3 (Roosevelt Kairy, et al. v. SuperShuttle International, et al., No. 10-16150, 9th Cir.; 2011 U.S. App. LEXIS 22161). Full story on lexis.com

PHILADELPHIA - A pharmacy chain violated the collective bargaining agreement (CBA) it has with its nonmanagerial employees when it acquired another chain and closed some of its stores and laid off employees while keeping open some of the newly acquired stores operated by the stores' existing workers, the Third Circuit U.S. Court of Appeals ruled Oct. 26 (Rite Aid New Jersey, Inc. v. United Food Commercial Workers Union, Local 1360, No. 10-3558, 3rd Cir.; 2011 U.S. App. LEXIS 21689). Full story on lexis.com

NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 4 upheld the denial of a job candidate's age and national origin bias claims, opining that the applicant failed to present evidence that either factor contributed to him not being selected (Dr. Angelo J. Skalafuris, P.E. v. City of New York, Department of Correction, No. 10-4603, 2nd Cir.; 2011 U.S. App. LEXIS 22451). Full story on lexis.com

CHICAGO - A former American Medical Association (AMA) employee may proceed with his Family and Medical Leave Act (FMLA) claim, the Seventh Circuit U.S. Court of Appeals ruled Oct. 18 after finding that a jury may find that the employee's request for leave caused him to be selected for termination (William Shaffer v. American Medical Association, No. 10-2117, 7th Cir.; 2011 U.S. App. LEXIS 20978). Full story on lexis.com

DENVER - The 10th Circuit U.S. Court of Appeals on Nov. 2 upheld the dismissal of an Oklahoma woman's claims that her employer conducted surveillance of her inside her home and in public and shared the video and audio with various television and radio broadcasters (Katherine R. Slocum v. Corporate Express US Inc., et al., No. 11-5083, 10th Cir.; 2011 U.S. App. LEXIS 22375). Full story on lexis.com

ATLANTA - Comments made by an employee's team leader that included use of a racial slur were too infrequent to prove a hostile work environment claim, the 11th Circuit U.S. Court of Appeals ruled Oct. 20 (Vickie D. Brooks v. Hyundai Motor Manufacturing Alabama, LLC, No. 10-14700, 11th Cir.; 2011 U.S. App. LEXIS 21407). Full story on lexis.com

CHICAGO - A United Parcel Service Inc. (UPS) supervisor's evidence of just a handful of comments failed to prove that she was exposed to a hostile work environment, an Illinois federal judge ruled Oct. 25, also rejecting the worker's claim of gender discrimination (Gloria M. Macias v. United Parcel Service, Inc., No. 09-5167, N.D. Ill.; 2011 U.S. Dist. LEXIS 123186). Full story on lexis.com

COLUMBIA, S.C. - A divided South Carolina Supreme Court, in an opinion entered Oct. 25, affirmed the denial of workers' compensation benefits for a claimant who alleges that occupational exposure to bleach and dust in a laundry caused her to contract the autoimmune disorder sarcoidosis; the claimant failed to timely file the claim, according to the majority (Carolyn Holmes v. National Services Industries Inc, et al., No. 27059, S.C. Sup.; 2011 S.C. LEXIS 347). Full story on lexis.com

WASHINGTON, D.C. - The U.S. Supreme Court heard oral argument on Nov. 9 over whether federal law preempts failure-to-warn and design-defect claims involving brakes on locomotives that were in the repair shop (Gloria Gail Kurns, et al. v. Railroad Friction Products Corp. and Viad Corp., No. 10-879, U.S. Sup.). Full story on lexis.com

WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Oct. 19 affirmed a decision by the Merit Systems Protection Board rejecting a Department of Veterans Affairs (DVA) employee's appeal of a settlement agreement reached following her termination (Kimberly A. Ford-Clifton v. Department of Veterans Affairs, No. 2011-3103, Fed. Cir.; 2011 U.S. App. LEXIS 21124). Full story on lexis.com

ATLANTA - An employer that hires migrant farm workers through the H-2A visa program is entitled to wage credits under the Fair Labor Standards Act (FLSA) for the costs of meals for the workers but not the cost of housing, the 11th Circuit U.S. Court of Appeals ruled Oct. 27 (Nicolas Ramos-Barrientos, et al. v. Delbert C. Bland, et al., No. 10-13412, 11th Cir.; 2011 U.S. App. LEXIS 21778). Full story on lexis.com

SAN FRANCISCO - A California federal judge on Oct. 27 rejected a motion for preliminary approval of a class action settlement in a lawsuit over the classification of workers for a credit card marketing company after determining that the class representative service payment was far more than the average class member award (Stephen Song, et al. v. KLM Group, Inc. dba KLM Onsite Solutions, et al., No. 10-3583, N.D. Calif.; 2011 U.S. Dist. LEXIS 124470). Full story on lexis.com

PADUCAH, Ky. - A Kentucky federal judge on Oct. 17 refused to prevent the lead plaintiff in a compensation suit against his former employer from communicating with potential class members (Michael Hathaway v. Shawn Jones Masonry, No. 11-121, W.D. Ky.; 2011 U.S. Dist. LEXIS 119519). Full story on lexis.com

WASHINGTON, D.C. - Female former employees of Ruth's Chris Steak House Inc. amended their gender discrimination and retaliation complaint on Oct. 12, the same day their motion to do so was granted, to add class action claims (Katharine Bush, et al. v. Ruth's Chris Steak House, Inc., et al., No. 10-1721, D. D.C.; 2011 U.S. Dist. LEXIS 117561). Full story on lexis.com

Case: National Labor Relations Board v. Downtown Bid Services Corporation, No. 11-1199, D.C. Cir. Full story on lexis.com

Case: Betty Dukes, et al. v. Wal-Mart Stores, Inc., No. 01-2252, N.D. Calif. Amended complaint: Filed Oct27 by Betty Dukes, Patricia Surgeson, Cleo Page, Deborah Gunter, Karen Williamson, Christine Kwapnowski and Edith AranaComplaint available 43-111104-006C Full story on lexis.com

Case: White Motor Sales d/b/a Fairfield Toyota, et al. v. National Labor Relations Board, Nos. 11-1218 and 11-1264, D.C. Cir. Full story on lexis.com

Case: National Labor Relations Board v. American Firestop Solutions, Inc., No. 11-1440, 8th Cir. Full story on lexis.com

Case: Lakeland Health Care Associates, LLC d/b/a Wedgewood Healthcare Center v. National Labor Relations Board, Nos. 11-12000 and 11-12638, 11th Cir.; See September 2011, Page 48. Full story on lexis.com

Case: Monmouth Care Center, et al. v. National Labor Relations Board, No. 10-1400, D.C. Cir. Petitioner brief: Filed Sept13 by Monmouth Care Center, Milford Manor Nursing and Rehabilitation Center and Pinebrook Nursing Home and Rehabilitation CenterBrief available 73-111111-505B Full story on lexis.com

Case: Stephanie Odle, et al. v. Wal-Mart Stores, Inc., No. 11-2954, N.D. Texas. Complaint: Filed Oct28 by Stephanie OdleComplaint available 43-111104-014C Full story on lexis.com

Case: Stephens Media, LLC d/b/a Hawaii Tribune-Herald v. National Labor Relations Board, Nos. 11-1054 and 11-1088, D.C. Cir. Full story on lexis.com

Case: National Labor Relations Board v. Teamsters, Local Union 523, Affiliated with the International Brotherhood of Teamsters, Nos. 11-9538 and 11-9542, 10th Cir. Full story on lexis.com

Case: Warren Unilube, Inc. v. National Labor Relations Board, Nos. 11-2664 and 11-2974, 8th Cir. Full story on lexis.com