Mealey's Labor & Employment - Pennsylvania Federal Judge Declines To Dismiss Nurse Assistant's Wage-And-Hour Suit

PHILADELPHIA - A Pennsylvania federal judge on March 27 denied a motion to strike or dismiss a certified nurse assistant's class complaint alleging that she and other employees of a Pennsylvania hospital spent time working before and after their shifts and during unpaid meal breaks for which they...

Mealey's Labor & Employment - Judge: Chiropractic Group Entitled To Injunctive Relief In Recoupment Dispute

CHICAGO - An Illinois federal judge on March 28 held that a chiropractic association was entitled to injunctive relief in its suit against a Blue Cross Blue Shield entity for failing to provide adequate notice and appeal notices prior to recouping money from previously paid claims (Pennsylvania Chiropractic...

Mealey's Labor & Employment - 4th Circuit: Retirement Plan Rates Based On Age Constitute Age Discrimination

RICHMOND, Va. - A Baltimore County's employee retirement benefit plan violates the Age Discrimination in Employment Act (ADEA) because the employee contribution rates were determined by age, the Fourth Circuit U.S. Court of Appeals ruled March 31 (Equal Employment Opportunity Commission v. Baltimore...

Mealey's Labor & Employment - Denial Of Death Benefits Under Pension Plan Was Reasonable, 2nd Circuit Holds

NEW YORK - A pension plan did not violate the Employee Retirement Income Security Act by denying death benefits because the plan's interpretation of the plan as providing death benefits only if the decedent had surviving dependents or a spouse was reasonable, the Second Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Massachusetts Federal Judge Sends Wage-And-Hour Class Action Back To State Court

WORCESTER, Mass. - A Massachusetts federal judge on March 28 sent a wage-and-hour class complaint filed by a retail store manager back to state court, finding that the Class Action Fairness Act's (CAFA) local controversy exception applied (David Premo, et al. v. Family Dollar Stores of Massachusetts...

Mealey's Labor & Employment - Chuck E. Cheese Removes Wage Violations Class Complaint To Federal Court

SAN FRANCISCO - A family restaurant and fun center chain removed a wage-and-hour class complaint to California federal court on March 27 based on diversity jurisdiction pursuant to the Class Action Fairness Act (CAFA) (Franchesca Ford, et al. v. CEC Entertainment, Inc., et al., No. 14-1420, N.D. Calif...

Mealey's Labor & Employment - Ohio Federal Judge Conditionally Certifies Wage-And-Hour Class

COLUMBUS, Ohio - An Ohio federal judge on March 28 conditionally certified a class complaint accusing a cellular telephone company of various wage violations, including failure to pay employees for the time they spent making bank deposits at the end of their paid shifts (Shelonda Petty v. Russell Cellular...

Mealey's Labor & Employment - Medical Device Provider Failed To Demonstrate ERISA Standing, 11th Circuit Rules

ATLANTA - The provider of medical devices to health plan participants lacks standing to bring a reimbursement action against the plan insurer under the Employee Retirement Income Security Act because the provider did not demonstrate that it possessed valid written assignments of benefits from the participants...

Mealey's Labor & Employment - 5th Circuit: Dukes Successor Case May Proceed, Is Not Time-Barred

NEW ORLEANS - A Texas federal court erred when it determined that a former Wal-Mart Stores Inc. worker's employment discrimination claims, brought after the U.S. Supreme Court's decision in Wal-Mart Stores, Inc. v. Dukes (131 S. Ct. 2541 $(2011$); 2011 U.S. LEXIS 4567), were time-barred, the...

Mealey's Labor & Employment - Supreme Court Hears Oral Arguments On ERISA Presumption Of Prudence

WASHINGTON, D.C. - Fifth Third Bank and its employee stock ownership plan (ESOP) trustees in oral arguments on April 2 urged the U.S. Supreme Court to find that the Sixth Circuit U.S. Court of Appeals erred by holding that participants in the ESOP were not required to allege that the ESOP fiduciaries...

Mealey's Labor & Employment - Motion To Remand Wage Complaint Denied Despite Elimination Of Class Claims

SACRAMENTO, Calif. - A California federal judge on March 28 denied a renewed motion seeking to remand a wage-and-hour complaint that had been removed to federal court under the Class Action Fairness Act (CAFA) despite the lead plaintiff's amendment of his complaint that removed all class claims ...

Mealey's Labor & Employment - New Jersey Federal Judge Rules Pension Plan Is Not ERISA Church Plan

TRENTON, N.J. - A pension plan sponsored by a nonprofit health care corporation that is controlled by or associated with a church does not qualify for exemption from the Employee Retirement Income Security Act as a church plan, a federal judge in New Jersey ruled March 31 in an unpublished opinion (Laurence...

Mealey's Labor & Employment - 4th Circuit: Deaf Government Employee Failed To Show Firing Was Discriminatory

RICHMOND, Va. - A former government employee who is deaf failed to show that he was improperly terminated for complaining about the interpreters he was provided with on the job, the Fourth Circuit U.S. Court of Appeals ruled April 3, upholding a trial court's ruling (Michael J. Pearlman v. Penny...

Mealey's Labor & Employment - Participant Has Standing To Assert Claims In Coordination Of Benefits Dispute

NEW YORK - A federal district court erred in ruling that a health plan participant did not have standing under the Employee Retirement Income Security Act to challenge calculations of benefits for members who are eligible for Medicare, the Second Circuit U.S. Court of Appeals ruled April 4 in an unpublished...

Mealey's Labor & Employment - 5th Circuit Rejects Former University Employee's Appeal Of Bias Claim

NEW ORLEANS - A Texas university employee who was laid off twice and sued after she wasn't rehired following the second layoff failed to show that she was subjected to national origin discrimination, the Fifth Circuit U.S. Court of Appeals ruled April 3 (Maria Alma Villarreal v. The Texas A&M...

Mealey's Labor & Employment - 5th Circuit: Magistrate Judge Erred In Deciding Scope Of Arbitration Agreement

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 4 ruled that a magistrate judge properly dismissed a negligence suit brought by an employee of a candy maker but erred in determining the scope of an arbitration agreement the employee signed (Margarita Aviles v. Russell Stover Candies, Incorporated...

Mealey's Labor & Employment - 6th Circuit: Arbitration Agreement Signed After Suit Doesn't Control Claims

CINCINNATI - An employee can't be required to arbitrate a case that was pending in court when he signed an arbitration agreement, the Sixth Circuit U.S. Court of Appeals ruled April 4 (Keith Russell, et al. v. Citigroup, Inc., et al., No. 13-5994, 6th Cir.; 2014 U.S. App. LEXIS 6210).

Mealey's Labor & Employment - 'Satisfactory To Us' Is Grant Of Discretionary Authority, 8th Circuit Says

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals ruled April 4 that language in a disability plan requiring proof that is satisfactory to the plan administrator grants discretionary authority and warrants use of the abuse-of-discretion standard of review (Michael Prezioso v. The Prudential Insurance...

Mealey's Labor & Employment - 6th Circuit Partially Reinstates Suit By Dietician Let Go While Out On Leave

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on April 4 partially reinstated a lawsuit filed by a registered dietician (RD) whose position was eliminated while she was out on medical leave (Barbara Saulter v. Detroit Area Agency on Aging, No. 12-2203, 6th Cir.; 2014 U.S. App. LEXIS 6323).

Mealey's Labor & Employment - 11th Circuit Reinstates Probation Officer's Gender Bias, Retaliation Claims

ATLANTA - The 11th Circuit U.S. Court of Appeals on April 7 partially reinstated a former juvenile probation officer's gender discrimination and retaliation claims as they relate to her being passed over for a promotion and ultimately terminated (Linda Johnson Mosley v. Alabama Unified Judicial System...

Mealey's Labor & Employment - High-Tech Employers Lose Bid To Exclude Expert Testimony Based On Comcast

SAN JOSE, Calif. - A federal judge in California on April 4 refused to exclude plaintiff employees' expert testimony in an antitrust suit accusing high-tech companies of conspiring to fix and suppress employee compensation and to restrict employee mobility by entering into agreements not to compete...

Mealey's Labor & Employment - Labor Board Is Asked To Review College Athletes' Bargaining Rights Decision

WASHINGTON, D.C. - Northwestern University on April 9 asked the National Labor Relations Board to review a March 26 decision by the Chicago regional director finding that the university's football players who receive scholarships to play football at the university are employees under the National...

Mealey's Labor & Employment - 6th Circuit Adopts Clear- Notice Standard For Plan's Failure To Provide Documents

CINCINNATI - A federal district court did not abuse its discretion in denying a beneficiary's claim for accidental death benefits or in awarding a statutory penalty for the plan's failure to timely provide a copy of the policy upon written request because, under the "clear-notice" standard...

Mealey's Labor & Employment - California Federal Judge Orders Arbitration Of Cintas Worker's Wage Claims

OAKLAND, Calif. - A California federal judge on April 11 ordered that a worker who filed a wage-and-hour class complaint against his former employer must submit to arbitration of his individual claims pursuant to his employment agreement terms (Manuel Castro v. Cintas Corporation No. 3, a Nevada Corporation...

Mealey's Labor & Employment - New Jersey Federal Judge Declines Class Certification In Reimbursement Dispute

NEWARK, N.J. - A New Jersey federal judge on April 14 denied a renewed motion to certify two classes in a reimbursement lawsuit filed against a health care insurer, a database company and the database's parent company (Darlery Franco v. Connecticut General Life Insurance Co., et al., No. 07-6039...