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® NUMBER 183 SEPTEMBER 22, 2017 Leading the News repeated complaints to company officials, according to a federal lawsuit. 10 Teacher Snubbed After Dad’s Critique Loses Retaliation Claim Punching In: Full Slate for Congress, Courts An Alabama school superintendent didn’t violate This week will be a busy one in the labor and employ- clearly established constitutional law when he alleg- ment world as Congress takes up a handful of Trump edly denied a teacher promotion because her father administration nominees and the Supreme Court starts criticized the superintendent, a federal appeals court a new term. To learn more, punch in with Ben Penn ruled. 4 and Chris Opfer Monday morning for a look at the labor week ahead. 11 IHOPs in Nevada and New York Face Sexual Harassment Lawsuit Starbucks Hiring Snafu Brews Up Background A group of IHOP franchises in Nevada and New York Check Lawsuit subjected food servers and other crew members to Starbucks Corp. failed to give a job applicant an sexual harassment and retaliated against women who opportunity to correct an inaccurate background check complained, the EEOC alleges in a federal lawsuit. 4 before it decided to revoke a conditional job offer, according to a lawsuit filed in a federal court. 11 Wellness Rule Review to Last Until August 2018, EEOC Says The EEOC will need until August 2018 to reconsider Vice Media Video Employees Join Union its regulations on employer wellness programs and Vice Media employees who work in video production expects to issue a new final rule by October 2019, the have officially organized after the media company rec- agency said. 5 ognized the bargaining units, the Writers Guild of America East announced Sept. 21. 11 The Trump-Loving Lawyer Who Won’t Stop Suing Fox News Chicago Cops File Labor Charge Over ‘Use of Douglas Wigdor raced out of his law offices near Force’ Policy Union Square in Manhattan, jumped on a bike, and, Chicago’s new ‘‘use of force’’ policy for police violates still wearing his navy suit and purple tie, pedaled furi- its collective bargaining agreement with the union rep- ously toward a BBC TV studio downtown. 5 resenting the city’s 12,000 officers, the union says in a charge filed with the Illinois Labor Relations Board. 12 News Travel Abroad Could Spell Trouble for Green Card Uber Pay Case Idles Pending Supreme Court Seekers Decision There may be a new snag for immigrants in the Uber Technologies Inc. and about 240,000 California employment-based green card backlog: an inability to drivers who say the company owes them minimum travel outside the U.S. for three or more months at a wage, overtime, and expense reimbursement have to time. 13 wait longer to find out whether the case belongs before a judge or an arbitrator, following a federal Michigan Curbs Negotiation Abilities of State appeals court order. 10 Worker Unions A new measure adopted by a state panel in Michigan UPS Allowed Lesbian Worker to Be Harassed, has changed how labor unions representing more than Lawsuit Says 30,000 state workers can bargain. 13 United Parcel Service Inc. allegedly did nothing to pre- vent the harassment of a lesbian employee despite her COPYRIGHT ஽ 2017 BY THE BUREAU OF NATIONAL AFFAIRS, INC. ISSN 0418-2693 2 (No. 183) California Job Fairs Draw Interest From Federal working there, ratcheting up pressure on the Workers embattled fintech startup. 16 Some federal employees with expertise in climate change and energy are looking west for new opportu- Hewlett Packard Enterprise Is Said to Plan About nities. 14 5,000 Job Cuts Hewlett Packard Enterprise Co. is planning to cut Wells Fargo Beats ERISA Challenge Over about 10 percent of its staff, or at least 5,000 workers, Cross-Selling Scandal according to people familiar with the matter, part of a Wells Fargo & Co. defeated claims that it harmed broader effort to pare expenses as competition workers’ retirement savings by keeping company mounts. 17 stock in its 401(k) despite allegedly knowing that the stock value was artificially inflated because of a 10-year ongoing cross-selling scheme. 15 Securitas, Other NJ Employers Pencil In Deal With Guards’ Union N.Y. Concrete Company Ordered to Pay $76M in Roughly 1,700 workers reached a tentative agreement Alter Ego Case for a new contract with some of New Jersey’s largest Navillus Tile Inc., a New York construction company, security contractors Sept. 21, a union spokeswoman has to pay $76 million after propping up alter ego confirmed. 17 companies so it could elude its obligations under collective bargaining agreements, a federal judge ruled International Trade Commission Votes to Tax U.S. following a bench trial. 15 Solar Imports The U.S. International Trade Commission concluded First Bankers Settles DOL Lawsuit for $6.6M that a flood of cheap, foreign solar panels is hurting First Bankers Trust Services Inc. reached a $6.6 mil- U.S. manufacturers, teeing up an opportunity for lion settlement with the Labor Department in a lawsuit President Donald Trump to impose tariffs and import challenging First Bankers’ role in a $70.9 million quotas. 18 employee stock ownership plan transaction that caused millions of dollars in losses. 16 DOL to Give Disability Claims Regulation a SoFi Condoned ‘Rampant Sexual Activity,’ Latest Second Look Lawsuit Says The Labor Department plans to propose changes to an A former loan reviewer at Social Finance Inc. claims in Obama-era regulation requiring full and fair reviews of a lawsuit she was repeatedly sexually harassed while disability benefit claims. 19 C Daily Labor Report BNA 1801 S. BELL STREET, ARLINGTON, VA 22202-4501 (703) 341-3000 Gregory C. McCaffery Scott Mozarsky Victoria Roberts Paul Albergo CEO AND PRESIDENT PRESIDENT,LEGAL VICE PRESIDENT AND BUREAU CHIEF GENERAL MANAGER,LEGAL Karen Ertel, NEWS DIRECTOR; Peggy Aulino, Terence Hyland, Chris Opfer, MANAGING EDITORS; Patricio Chile, Cynthia Harasty, Simon Nadel, Phil Kushin, Cathleen O'Connor Schoultz, Larry Swisher, COPY EDITORS Jay-Anne Casuga, Gayle Cinquegrani, Jaclyn Diaz, Patrick F. Dorrian, Elliott Dube, Lawrence E. Dubé, Laura D. Francis, Hassan Kanu, Louis C. LaBrecque, Jacquie Lee, Ben Penn, Tyrone Richardson, Jon Steingart, REPORTERS Charles Knapp, DIRECTOR, INDEXING; Laura P. Donnan, INDEX EDITOR; Cordelia D. Gaffney, GRAPHICS MANAGER; Thomas M. Foley, GRAPHICS CORRESPONDENTS Martha W. Kessler, Manager, Correspondents; Albany, N.Y., Jerry Silverman; Atlanta, Chris Marr; Austin, Paul Stinson; Boston, Adrianne Appel, Aaron Nicodemus; Chicago, Michael J. Bologna, Stephen Joyce; Columbus, Alex Ebert; Denver, Tripp Baltz; Houston, Nushin Huq; Los Angeles, David McAfee, Carolyn Whetzel; New York, John Herzfeld; Norwalk, Conn., Steve Burkholder, Denise Lugo; Philadelphia, Leslie Pappas; Phoenix, William H. Carlile; Raleigh, N.C., Andrew Ballard; Sacramento, Calif., Laura Mahoney; San Francisco, Joyce E. Cutler; Seattle, Paul Shukovsky; St. Louis, Christopher Brown Correspondence concerning editorial content should be directed to the managing editor. For customer service, documents or research, call 800-372-1033 or (703) 341-3500. Copyright Policy: Authorization to photocopy selected pages for internal or personal use is granted provided that appropriate fees are paid to Copyright Clearance Center (978) 750-8400, http://www.copyright.com. Requests to reprint material should be sent to BNA Permissions Man- ager (703) 341-1636 (fax) or [email protected] (email). For more information, see http://www.bna.com/corp/copyright or call (703) 341- 3316. DAILY LABOR REPORT (ISSN 0418-2693) is published daily, Monday through Friday, except for federal holidays, at the annual subscription rate of $13,211 for a single print copy. 9-22-17 COPYRIGHT ஽ 2017 BY THE BUREAU OF NATIONAL AFFAIRS, INC. DLR ISSN 0418-2693 (No. 183) 3 Roundup of Newly Filed EEOC Lawsuits Latest Cases The following list of Equal Employment Opportunity Commission lawsuits was compiled from court docu- Latest Labor and Employment Cases for ments and the agency’s published statements. 19 September 22, 2017 CORRECTION The following are summaries of the latest court and A Sept. 15 story, ‘‘Job Corps Contractors Jointly Liable National Labor Relations Board rulings involving labor for Labor Law Violations,’’ has been corrected to law, wage and hour, discrimination, disabilities and reflect that Michael G. Pedhirney and Sean M. individual employment rights, prepared by Bloomberg McCrory of Littler Mendelson in San Francisco and BNA legal editors. 21 Dallas represented Adams and Associates Inc., and that Mickey L. Washington of Washington & Associ- ates in Houston represented McConnell, Jones, Lanier & Murphy LLP. 20 DAILY LABOR REPORT ISSN 0418-2693 BNA 9-22-17 4 (No. 183) Leading the News First Amendment Sexual Harassment Teacher Snubbed After Dad’s IHOPs in Nevada and New York Critique Loses Retaliation Claim Face Sexual Harassment Lawsuit An Alabama school superintendent didn’t violate A group of IHOP franchises in Nevada and New York clearly established constitutional law when he allegedly subjected food servers and other crew members to sexual harassment and retaliated against women who denied a teacher promotion because her father criti- complained, the EEOC alleges in a federal lawsuit cized the superintendent, a federal appeals court ruled (EEOC v. Lucinda Mgmt., LLC, D. Nev., No. 2:17-cv- (Gaines v. Wardynski, 2017 BL 334055, 11th Cir., No. 02458, complaint ﬁled 9/21/17). 16-15583, 9/21/17). The Sept. 21 complaint, filed in the U.S. District Lynda Gaines said her First Amendment rights were Court for the District of Nevada, is the second lawsuit violated by the alleged retaliation. But the U.S. Court of the Equal Employment Opportunity Commission filed Appeals for the Eleventh Circuit Sept. 21 said Superin- against IHOP franchises this week, as the agency con- tendent E. Casey Wardynski is entitled to dismissal of tinues its crackdown on workplace sexual harassment.

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