LexisNexis® Legal Newsroom
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 - 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 - 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 - U.S. High Court Rules On Proof Needed For Religious Bias Claims

WASHINGTON, D.C. - To prove religious discrimination by an employer, a prospective employee needs to show only that his or her need for an accommodation was a motivating factor in the employer's decision, not that the employer had "actual knowledge" of the applicant's need for an accommodation...

Mealey's Labor & Employment - High Court Seeks U.S. View On Whether Plan's Forum-Selection Clause Is Enforceable

WASHINGTON, D.C. - The U.S. Supreme Court on June 1 sought the solicitor general's view as to whether the Sixth Circuit U.S. Court of Appeals erred in ruling that a federal judge properly dismissed without prejudice a pension plan participant's claim that the plan improperly reduced his benefits...

Mealey's Labor & Employment - NLRB Director: Most Part-Time University Faculty Perform No Religious Function

CHICAGO - A National Labor Relations Board (NLRB) regional director on June 1 ruled that most of the part-time faculty of a Chicago-based university may vote on union representation because the university failed to meet its burden of establishing that those employees "serve a specific role in creating...

Mealey's Labor & Employment - 5th Circuit: Employee Waived Right To Seek Injunctive Relief In Age Bias Suit

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 4 reversed a District Court's injunctive relief award in an age discrimination suit, finding that the employee waived his right to seek such relief (David O. Peterson v. Bell Helicopter Textron, Incorporated, No. 14-10249, 5th Cir.; 2015...

Mealey's Labor & Employment - 9th Circuit: Bias Complaint Was Filed When Delivered, Not When Fee Was Paid

PASADENA, Calif. - A filing date of a Title VII of the Civil Rights Act of 1964 action was the date it was delivered to the court clerk, not the date the filing fee was ultimately paid, the Ninth Circuit U.S. Court of Appeals ruled June 4, reversing a trial court's finding that a former restaurant...

Mealey's Labor & Employment - 7th Circuit: Psychologist Failed To Prove He Could Perform Essential Job Duties

CHICAGO - A psychologist suffering from cognitive issues provided sufficient evidence that the acute-care facility where he was employed failed to engage in an interactive process to find accommodations; however, the employee's disability bias suit still fails as the employee was unable to show that...

Mealey's Labor & Employment - 6th Circuit Upholds Rejection Of Manager's Disability, Age Bias Claims

CINCINNATI - A former internal audit manager failed to prove that his association with his ill spouse or his age led to his termination, the Sixth Circuit U.S. Court of Appeals ruled June 5, affirming a trial court's judgment (David Williams v. Union Underwear Company, Inc., d/b/a Fruit of the Loom...

Mealey's Labor & Employment - 9th Circuit: Pilot Advocacy Group Is Not A Bargaining Representative Under RLA

SAN FRANCISCO - A pilot advocacy group that negotiated and agreed to pilot work rules for pilots employed by Allegiant Air LLC was not a Railway Labor Act (RLA) bargaining representative, the Ninth Circuit U.S. Court of Appeals ruled June 8 (International Brotherhood of Teamsters, Airlines Division,...

Mealey's Labor & Employment - Split 6th Circuit: Federal Labor Act Applies To Tribe's Casino Operation

CINCINNATI - The National Labor Relations Board has jurisdiction to issue a cease-and-desist order to an Indian tribe regarding enforcement of provisions that conflict with the National Labor Relations Act (NLRA), a divided Sixth Circuit U.S. Court of Appeals panel ruled June 9 after determining that...

Mealey's Labor & Employment - Federal Judge Rules Against Embarq Retirees On Claims For Lifetime Benefits

KANSAS CITY, Kan. - Following remand from the 10th Circuit U.S. Court of Appeals, a federal judge in Kansas on June 10 granted summary judgment to Embarq Corp. and dismissed the contractual vesting claims of 3,200 retirees, finding that the relevant summary plan descriptions (SPDs) did not establish...

Mealey's Labor & Employment - High Court To Decide If Tribal Court Has Jurisdiction Over Claim Of Molestation

WASHINGTON, D.C. - The U.S. Supreme Court on June 15 granted certiorari in Dollar General Corp.'s petition seeking to overturn the holdings of lower courts that a tribal court has jurisdiction over a boy's claims that he was sexually molested by a store manager while he was interning at the store...

Mealey's Labor & Employment - U.S. Supreme Court: Minor's Statements To Teacher Were Not Testimonial

WASHINGTON, D.C. - A teacher's mandatory reporting obligations do not convert a conversation between a teacher and a student "into a law enforcement mission aimed at gathering evidence for prosecution," the U.S. Supreme Court ruled June 18 (State of Ohio v. Darius Clark, No. 13-1352, U...

Mealey's Labor & Employment - 2nd Circuit Revives Transgender Worker's Bias, Retaliation Suit

NEW YORK - A trial court erred when it ruled that an employee's failure to exhaust administrative remedies deprived the court of subject matter jurisdiction over the employee's Title VII of the Civil Rights Act of 1964 claims, the Second Circuit U.S. Court of Appeals ruled June 19 (Cole Fowlkes...

Mealey's Labor & Employment - 11th Circuit Reinstates Employee's Age Discrimination Claim

ATLANTA - The 11th Circuit U.S. Court of Appeals on June 17 reinstated a fired worker's claim of age discrimination in light of numerous age-related comments made by her supervisor (Mary Godwin v. WellStar Health System, Inc., No. 14-11637, 11th Cir.; 2015 U.S. App. LEXIS 10178).

Mealey's Labor & Employment - Split 3rd Circuit: Fired Employee Must Be Allowed To Correct Medical Certification

PHILADELPHIA - A worker who was fired for taking time off after she submitted a request for intermittent leave under the Family and Medical Leave Act (FMLA) should be given the chance to cure any deficiencies in her medical certification, a Third Circuit U.S. Court of Appeals panel ruled June 22, reversing...

Mealey's Labor & Employment - 2nd Circuit Reinstates Nontenured Teacher's Race Bias Claims

NEW YORK - A teacher who was denied tenure after three years of probation may proceed with racial discrimination claims, the Second Circuit U.S. Court of Appeals ruled June 24, partially vacating a district court's summary judgment ruling for the principal and school district (Rickey L. Tolbert v...

Mealey's Labor & Employment - Jury Awards Former Union Pacific Employee $375,000 In Retaliation Suit

SHREVEPORT, La. - A Louisiana federal jury on June 23 awarded a former Union Pacific Railroad Co. employee, who accused the company of retaliation, $375,000 in damages (Jeffrey Davis v. Union Pacific Railroad Company, No. 12-2738, W.D. La.).

Mealey's Labor & Employment - U.S. Supreme Court Accepts California Teachers' Union Support Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on June 30 granted the petition for writ of certiorari in an appeal asking it to decide whether Abood v. Detroit Bd. of Ed. (431 U.S. 209 [1977]) should be overruled and whether requiring public employees to affirmatively object to subsidizing nonchargeable speech...

Mealey's Labor & Employment - High Court Will Determine Whether ERISA Preempts Health Care Database Law

WASHINGTON, D.C. - The U.S. Supreme Court on June 29 granted review of a divided Second Circuit U.S. Court of Appeals ruling that the Employee Retirement Income Security Act preempts Vermont's health care data collection law, which requires health care payers to report claims and health care-services...

Mealey's Labor & Employment - Supreme Court Denies Review Of Fiduciary Duty In ERISA 401(k) Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 29 declined to review a Fourth Circuit U.S. Court of Appeals ruling on the burden of proof on the issue of causation and the proper standard to assess causation in a 401(k) breach of fiduciary duty case under the Employee Retirement Income Security Act...

Mealey's Labor & Employment - 6th Circuit Holds Labor Board Has Authority Over Tribal Casino

CINCINNATI - A split Sixth Circuit U.S. Court of Appeals on July 1 entered a judgment enforcing the National Labor Relations Board's jurisdiction over an Indian tribe's operation of a casino on reservation land and enforced a board's decision finding that the casino's no-solicitation...

Mealey's Labor & Employment - 1st Circuit Upholds Merry Maids Franchise Union Election

BOSTON - The First Circuit U.S. Court of Appeals on July 1 upheld the National Labor Relations Board's (NLRB) jurisdiction over a residential cleaning business and election of a union to represent the housekeepers (National Labor Relations Board v. Le Fort Enterprises, Inc. d/b/a Merry Maids of Boston...