LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Restaurant Employees Allege Interference Under ERISA Related To ACA Compliance

NEW YORK - Nationwide restaurant/entertainment chain Dave & Buster's Inc. violated the Employee Retirement Income Security Act by reducing the hours of its work force in 2013 in order to avoid the costs associated with providing health insurance to its full-time employees in compliance with the...

Mealey's Labor & Employment - Indiana Federal Judge Refuses To Certify Hourly Worker's Overtime Suit

HAMMOND, Ind. - An Indiana federal judge on May 11 denied a motion to certify a wage-and-hour lawsuit as a collective action after determining that the plaintiff's two affidavits provided insufficient evidence to support her claims (Millie Bradley, et al. v. The Arc of Northwest Indiana, Inc., No...

Mealey's Labor & Employment - San Francisco Officers' 3rd Class Certification Motion Denied In Age Bias Suit

OAKLAND, Calif. - A California federal judge on May 8 denied a third motion to certify a class of San Francisco police officers who claim that they were denied promotions due to their age (Juanita Stockwell, et al. v. City and County of San Francisco, et al., No. 08-5180, N.D. Calif.; 2015 U.S. Dist...

Mealey's Labor & Employment - Plan Management Agreement Does Not Confer ERISA Standing, Divided 5th Circuit Rules

NEW ORLEANS - A plan management agreement between Humana Health Plan and a health plan's administrator, which provided that Humana would supply subrogation and recovery services, did not vest Humana with discretionary authority sufficient to make Humana a fiduciary with standing to bring claims under...

Mealey's Labor & Employment - 6th Circuit Again Denies Certification Of Childcare Workers In Union Suit

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 12 upheld a District Court's denial of class certification in a lawsuit brought by Michigan childcare providers who opposed union dues or agency fees automatically being withdrawn from their state subsidies (Carrie Schlaud, et al. v. Rick...

Mealey's Labor & Employment - New Jersey Panel Remands Counsel Fee Issue In Professional Liability Coverage Suit

TRENTON, N.J. - A New Jersey appeals panel on May 12 affirmed a lower court's rulings in a coverage dispute over underlying legal malpractice claims but remanded to consider the attorney insured's application for counsel fees and costs (Law Offices of Anthony Carbone v. Chicago Insurance Co....

Mealey's Labor & Employment - 7th Circuit Reinstates Retaliation Claim Of 1 Of 3 DeVry Employees

CHICAGO - One of three former employees of DeVry University Inc. who allege that they were fired in retaliation for complaining about their supervisor's derogatory remarks may proceed with his retaliation claim, the Seventh Circuit U.S. Court of Appeals ruled May 13 (Elizabeth Castro, et al. v. DeVry...

Mealey's Labor & Employment - 3rd Circuit Remands Worker Classification Suit After New Jersey High Court Ruling

PHILADELPHIA - A New Jersey federal court must reconsider a class complaint filed by deliverers alleging that they were misclassified as independent contractors following a ruling by the New Jersey Supreme Court regarding what employment test applies to those claims, the Third Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - High Court Says Trust Law Informs Limitations Question In Imprudent Retention Case

WASHINGTON, D.C. - The U.S. Supreme Court ruled in a unanimous opinion on May 18 that the Ninth Circuit U.S. Court of Appeals erred in holding that Employee Retirement Income Security Act Section 413(1) bars breach of fiduciary duty claims based on the fiduciaries' initial selection of plan investments...

Mealey's Labor & Employment - Federal Circuit: Nurses Don't Need Express Overtime Approval To Seek Pay

WASHINGTON, D.C. - A trial court erred when it concluded that Department of Veterans Affairs nurses seeking unpaid overtime pay must show that the overtime was officially ordered or approved by express direction to be compensable, the Federal Circuit U.S. Court of Appeals ruled May 15 (Stephanie Mercier...

Mealey's Labor & Employment - Evidence Supports Claim For 'Any Occupation' Disability Benefits, Panel Majority Says

CINCINNATI - The majority of the Sixth Circuit U.S. Court of Appeals on May 14 determined that a disability insurer arbitrarily and capriciously denied a claim for "any occupation" long-term disability benefits because the insurer disregarded reliable medical evidence in support of the claimant's...

Mealey's Labor & Employment - California Federal Magistrate Recommends Class Certification In FedEx Wage Suit

FRESNO, Calif. - A California federal magistrate judge on May 15 recommended certifying a class of FedEx Freight Inc. drivers alleging various wage-and-hour violations (Roy D. Taylor, et al. v. FedEx Freight, Inc., et al., No. 13-1137, E.D. Calif.; 2015 U.S. Dist. LEXIS 64177).

Mealey's Labor & Employment - Split Louisiana Panel Vacates Ruling For City In Retirement Benefits Dispute

GRETNA, La. - A split Louisiana appellate panel on May 14 vacated a trial court's grant of summary judgment in favor of a Louisiana city in a class lawsuit filed by firefighters over changes to pension contributions (Michael Dunn, et al. v. City of Kenner, No. 14-CA-113, La. App., 5th Cir.; 2015...

Mealey's Labor & Employment - 7th Circuit Rejects Preliminary Injunction In ACA Opt-Out Challenge

CHICAGO - Notre Dame is not entitled to a preliminary injunction while it challenges the opt-out provision of the Patient Protection and Affordable Care Act (ACA)'s contraceptive mandate, a divided Seventh Circuit U.S. Court of Appeals held May 19 (University of Notre Dame v. Kathleen Sebelius, et...

Mealey's Labor & Employment - Judge: Coverage Barred By Unpaid Compensation, Breach Of Contract Exclusions

CHICAGO - An Illinois federal judge on May 18 found that an insurer has no duty to defend its interstate motor carrier insured against an underlying suit brought by one of its independent truck drivers because the directors and officers and company coverage is barred by the policy's unpaid compensation...

Mealey's Labor & Employment - Texas Federal Judge Denies Motion To Decertify Account Managers In Wage Suit

MARSHALL, Texas - A Texas federal judge on May 18 denied an employer's motion to decertify a class of account managers alleging that, based on their duties, they were misclassified as ineligible to receive overtime pay (Sandra Kelly, et al. v. Healthcare Services Group, Inc., No. 13-441, E.D. Texas;...

Mealey's Labor & Employment - 4th Circuit: McDonnell Douglas Analysis For Retaliation Claims Remains Undisturbed

RICHMOND, Va. - The U.S. Supreme Court's ruling in University of Texas Southwestern Medical Center v. Nassar (133 S. Ct. 2517 [2013]) did not alter the analysis for retaliation claims established in McDonnell Douglas Corp. v. Green (411 U.S. 792 [1973]), the Fourth Circuit U.S. Court of Appeals ruled...

Mealey's Labor & Employment - 9th Circuit: Jack In The Box Workers' Wage Suit Belongs In Federal Court

PORTLAND, Ore. - A wage-and-hour class complaint filed by Jack in the Box Inc. workers belongs in federal court, the Ninth Circuit U.S. Court of Appeals ruled May 19, reversing a trial court's remand of the suit (Jessica Gessele, et al. v. Jack in the Box, Inc., No. 15-35262, 9th Cir.; 2015 U.S....

Mealey's Labor & Employment - 5th Circuit Upholds Dismissal Of Federal Bias Claims, Reinstates State Claim

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 20 upheld the dismissal of a former hospital employee's federal bias claims after determining that the employee waited too long after receiving her right-to-sue letter from the Equal Employment Opportunity Commission to file her suit but...

Mealey's Labor & Employment - High Court Won't Review ERISA Preemption Ruling Involving Policy Cancellation

WASHINGTON, D.C. - The U.S. Supreme Court on May 26 declined to review the Eighth Circuit U.S. Court of Appeals ruling that a shareholder-owner's state law claims related to improper cancellation of her health care coverage were preempted by the Employee Retirement Income Security Act (CeCelia Catherine...

Mealey's Labor & Employment - Chicago Teachers, Union Granted Class Certification In Biased Layoffs Suit

CHICAGO - An Illinois federal judge on May 22 certified a class of Chicago teachers alleging that mass layoffs in 2011 disproportionately affected black educators (Chicago Teachers Union, et al. v. Board of Education of the City of Chicago, No. 12-10338, N.D. Ill.; 2015 U.S. Dist. LEXIS 66960).

Mealey's Labor & Employment - Calif. Federal Judge Grants Partial Class Certification In Union Nonmember Fees Suit

SACRAMENTO, Calif. - A California federal judge on May 22 granted partial class certification in a lawsuit brought by California employees suing over the collection of union fees from non-union members (Kourosh Kenneth Hamidi, et al. v. Service Employees International Union Local 1000, et al., No. 14...

Mealey's Labor & Employment - 10th Circuit: Verifying Title VII Charges Is Not A Jurisdictional Prerequisite

DENVER - Title VII of the Civil Rights Act of 1964's requirement that a claimant verify the charges against an employer is a nonjurisdictional matter, the 10th Circuit U.S. Court of Appeals ruled May 27 (Sabreen Gad v. Kansas State University, No. 14-3050, 10th Cir.; 2015 U.S. App. LEXIS 8782).

Mealey's Labor & Employment - 8th Circuit Vacates Preliminary Injunction In Union Recognition Dispute

ST. LOUIS - An Arkansas federal court erred in granting injunctive relief in a union dispute as the National Labor Relations Board (NLRB) failed to demonstrate irreparable injury, the Eighth Circuit U.S. Court of Appeals ruled May 27 (M. Kathleen McKinney, Regional Director of Region 15 of the National...

Mealey's Labor & Employment - Pennsylvania Tort Exemption Applies To Employee's Case, New York Justice Says

NEW YORK - Pennsylvania law allowing employee tort actions where a disease arises outside the window for a workers' compensation action applies to an asbestos action filed in New York and alleging exposure in Pennsylvania, a New York justice held in an opinion posted May 27 (Venetia Kontogouris,...