LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Wal-Mart Sued For Denying Health Benefits To Gay Workers' Spouses

BOSTON - A Wal-Mart Stores Inc. employee filed a class complaint on July 14 in Massachusetts federal court accusing the retailer of unlawfully depriving health benefits to the spouses of employees who are in same-sex marriages (Jacqueline A. Cote, et al. v. Wal-Mart Stores, Inc., No. 15-12945, D. Mass...

Mealey's Labor & Employment - UPS Hit With Religious Discrimination Lawsuit

NEW YORK - The Equal Employment Opportunity Commission on July 15 filed a religious bias lawsuit against United Parcel Service Inc. in New York federal court, accusing the company of unlawfully discriminating against a class of male applicants and employees who have beards or long hair as part of their...

Mealey's Labor & Employment - 3rd Circuit Upholds Rejection Of UPS Worker's Medical Leave Claims

PHILADELPHIA - A former UPS Supply Chain Solutions employee failed to show that his termination, following excessive absences, interfered with his rights under the Family and Medical Leave Act (FMLA), a Third Circuit U.S. Court of Appeals panel ruled July 16 (Myron Giddens v. UPS Supply Chain Solutions...

Mealey's Labor & Employment - 2nd Circuit: Health Care Providers Lack Standing To Assert Retaliation Claims

NEW YORK - Health care providers are not beneficiaries of their patients' health insurance plans and, therefore, do not have standing to assert anti-retaliation protections under the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals affirmed July 15 (Henry L. Rojas...

Mealey's Labor & Employment - Severance Policy Is ERISA Plan, 2nd Circuit Rules

NEW YORK - A medical center's severance policy that had been maintained for almost 25 years and had not been modified for 15 years was an employee welfare benefit plan within the meaning of the Employee Retirement Income Security Act, the Second Circuit U.S. Court of Appeals ruled July 17 (Alexander...

Mealey's Labor & Employment - 9th Circuit: Worker's Claims Against Dutch Company Don't Belong In U.S. Courts

PORTLAND, Ore. - A former employee's claims against a Nike Netherlands affiliate must be litigated in Dutch court, not the United States, the Ninth Circuit U.S. Court of Appeals ruled July 16, upholding a trial court's decision (Loredana Ranza v. Nike, Inc., et al., No. 13-35251, 9th Cir.; 2015...

Mealey's Labor & Employment - 11th Circuit Affirms Denial Of Statutory Penalties For Failure To Provide Documents

ATLANTA - A federal district court did not abuse its discretion by holding that a disability plan's claims administrator and plan administrator are not liable for penalties and attorney fees under the Employee Retirement Income Security Act for failure to provide plan documents to a plan participant...

Mealey's Labor & Employment - 4th Circuit Reinstates Worker's Harassment Suit After Applying Hybrid Test

RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on July 15 reinstated a sexual harassment suit filed by a temporary factory employee, opining that Title VII of the Civil Rights Act of 1964 provides for joint employer liability and that when the "hybrid" test is properly applied to...

Mealey's Labor & Employment - D.C. Circuit: Labor Board Must Prove Back Pay Settlement Is Fair

WASHINGTON, D.C. - The National Labor Relations Board must prove, on remand, that its settlement with an employer to pay back pay to an employee over 11 years with no interest accrual, reached despite objections from the employee, is reasonable and fair, a District of Columbia Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Rite Aid Worker, Injured During Robbery And Later Fired, Wins Nearly $8.8M Verdict

LOS ANGELES - A former Rite Aid Corp. store manager who claimed that he was subjected to harassment and discrimination and was ultimately fired after he became disabled as the result of an injury he sustained while attempting to stop a robbery at his store was awarded nearly $8.8 million by a Los Angeles...

Mealey's Labor & Employment - Split D.C. Circuit Partially Reinstates Fire Captain's Whistle-Blower Claims

WASHINGTON, D.C. - A fire captain who was terminated after she refused to consent to a fitness-for-duty evaluation without changes to the waiver may partially proceed with claims that she was required to undergo the evaluation in retaliation for complaints protected under the District of Columbia Whistleblower...

Mealey's Labor & Employment - Judge Grants Final Approval To $62M Settlement And Fee Award In 401(k) Case

EAST ST. LOUIS, Ill. - A federal judge in Illinois on July 17 awarded $20.6 million in fees and $1.6 million in costs and, on July 20, granted final approval to a $62 million settlement of claims by participants in two of Lockheed Martin Corp.'s 401(k) plans that the plans' fiduciaries breached...

Mealey's Labor & Employment - 9th Circuit Upholds Arbitration Award In Radio Show Syndication Dispute

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on July 17 confirmed an arbitration panel's award in favor of a talk-show radio host in a syndication dispute but denied the host's request for sanctions (Dr. Michael A. Weiner, et al. v. The Original Talk Radio Network, Inc., No. 13-16111...

Mealey's Labor & Employment - Split 3rd Circuit: Economic Realities, Not Structure,Determine Work Relationship

PHILADELPHIA - Courts must look to the economic realities, not the structure, of the relationship between a business and its workers to determine whether those workers are employees or independent contractors, a split Third Circuit U.S. Court of Appeals ruled July 21 (Mikael M. Safarian v. American DG...

Mealey's Labor & Employment - 11th Circuit Vacates Arbitration Ruling, Orders Additional Review

ATLANTA - A district court must reconsider whether an arbitration agreement between a restaurant and its server is enforceable in a wage dispute, the 11th Circuit U.S. Court of Appeals ruled July 21, finding that a trial court failed to issue an order properly explaining its decision to not enforce the...

Mealey's Labor & Employment - $7.15M Foot Locker Wage Settlement Granted Final Approval

PHILADELPHIA - A Pennsylvania federal judge on July 21 granted final approval of a $7.15 million settlement to be paid by Foot Locker Inc. to end a wage-and-hour multidistrict litigation (In Re: Foot Locker, Inc., Fair Labor Standards Act (FLSA) and Wage and Hour Litigation, No. 11-MDL-02235, E.D. Pa...

Mealey's Labor & Employment - California Federal Judge Denies Wal-Mart's Appeal Motion In Drivers' Wage Suit

SAN FRANCISCO - A California federal judge on July 21 denied a motion by Wal-Mart Stores Inc. and Wal-Mart Transportation LLC (collectively, Wal-Mart) to certify an interlocutory appeal, finding Wal-Mart's questions of law to be "over-broad, argumentative and untethered" (Charles Ridgeway...

Mealey's Labor & Employment - No Employers Liability Coverage For Independent Contractor's Suit, Panel Affirms

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 23 affirmed a lower federal court's ruling that an insurer has no duty to defend its farm insured against an underlying injury claim brought by an independent contractor because the employers liability coverage extends only to injuries...

Mealey's Labor & Employment - 2nd Circuit: Cash Balance Plan's Definition Of 'Normal Retirement Age' Is Invalid

NEW YORK - PricewaterhouseCoopers LLP's cash balance pension plan violates the Employee Retirement Income Security Act because it defines "normal retirement age" as five years of service, which "bears no plausible relation to 'normal retirement,'" the Second Circuit U...

Mealey's Labor & Employment - Sikorsky Hit With Wage-And-Hour Class Complaint

PHILADELPHIA - An avionics lead filed a class complaint on July 23 in Pennsylvania federal court accusing his employer of illegally rounding off the hours worked by nonexempt employees (Joshua Lane, et al. v. Sikorsky Aircraft Corporation, et al., No. 15-4106, E.D. Pa.).

Mealey's Labor & Employment - Kansas Federal Judge Preliminarily Approves $550,000 ERISA Settlement

KANSAS CITY, Kan. - A Kansas federal judge on July 27 granted preliminary approval of a settlement worth at least $550,000 to end claims by former hospital workers who allege on behalf of themselves and a similarly situated class that they were improperly denied separation benefits at the time they were...

Mealey's Labor & Employment - D.C. Circuit Partially Affirms Labor Board's Ruling In Union Dispute

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on July 24 affirmed in part and reversed in part the National Labor Relations Board's decision in a meat-processing plant's union organizing dispute (Bruce Packaging Company, Inc. v. National Labor Relations Board, No....

Mealey's Labor & Employment - Split D.C. Circuit: No Tolling For Worker Who Didn't Give EEOC His New Address

WASHINGTON, D.C. - A complainant who failed to update his mailing address with the Equal Employment Opportunity Commission and, as a result, did not receive his right-to-sue notice when it was first sent is not entitled to equitable tolling, a split District of Columbia Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - California Appellate Panel: Claims Examiners' Wage Suit Not Eligible For Class Cert

LOS ANGELES - A lawsuit filed by an insurance claims examiner who alleges that she and other similarly situated examiners were improperly classified as exempt from receiving overtime is not appropriate to proceed as a class action because individual issues predominate, a California appellate panel ruled...

Mealey's Labor & Employment - Officers' Wiretap, Privacy Claims Against University Partly Survive Dismissal

SANTA ANA, Calif. - A California federal judge on July 29 partly denied a university's motion to dismiss wiretap and privacy class claims against it related to campus police officers' assertions that their conversations were covertly recorded (Federated University Police Officers' Association...