LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Federal Judge: Employer May Require Medical Exams To Participate In Health Plan

MADISON, Wis. - An employer may require employees who wish to participate in its health insurance plan to submit to "health risk assessment" and "biometric screening test," a Wisconsin federal judge ruled Dec. 31 (Equal Employment Opportunity Commission v. Flambeau, Inc., No. 14-638...

Mealey's Labor & Employment - Judge: Claim That FedEx Wrongfully Denied Benefits To Same-Sex Spouse Valid

OAKLAND, Calif. - The widow of a woman who died of cancer after a 26-year career with FedEx Corp. can pursue a claim alleging that FedEx violated the Employee Retirement Income Security Act by denying the widow benefits under her partner's pension plan based on the plan's definition of spouse...

Mealey's Labor & Employment - Split 3rd Circuit Affirms Severance Denial After Employees' Job Transfer

PHILADELPHIA - A decision by a management committee of pharmaceutical giant Pfizer Inc. that three former employees are not entitled to severance pay under an Employee Retirement Income Security Act plan because they were never terminated but rather were transferred to a successor company was reasonable...

Mealey's Labor & Employment - 8th Circuit: Companions Fall Under Fair Labor Standards Act Exemption

ST. LOUIS - A class of workers who provide companionship services to disabled individuals in the individuals' place of residence fall under a Fair Labor Standards Act (FLSA) exemption and are not owed overtime, the Eighth Circuit U.S. Court of Appeals ruled Jan. 5, upholding a trial court's ruling...

Mealey's Labor & Employment - 8th Circuit: 401(k) Service Provider Is Not ERISA Fiduciary

ST. LOUIS - A retirement plan sponsor's allegations that a service provider breached its fiduciary duties under the Employee Retirement Income Security Act failed because the provider did not owe any duty to the participants at the time the fees were negotiated and because the sponsor failed to establish...

Mealey's Labor & Employment - ERISA Fiduciary Duty Claims Related To Denial Of Autism Treatment Continue

PORTLAND, Ore - A federal judge in Oregon on Jan. 7 denied a health insurers' motion to dismiss claims alleging that it breached its fiduciary duties under the Employee Retirement Income Security Act by denying coverage for applied behavioral analysis (ABA) therapy for the treatment of autism-related...

Mealey's Labor & Employment - U.S. High Court Hears Expanded Arguments On Public Employee Union Fees

WASHINGTON, D.C. - An attorney representing California teachers who opt out of union membership but are still required to pay certain fees asked the U.S. Supreme Court Jan. 11 to overturn its decision in Abood v. Detroit Bd. of Ed. (431 U.S. 209 [1977]) concerning agency-fee requirements for non-union...

Mealey's Labor & Employment - 8th Circuit: Injunctive Relief Not Available In Pharmacies' Suit Against PBM

ST. LOUIS - Compounding pharmacies are not entitled to injunctive relief against a pharmacy benefits manager for denial of claims in violation of the Employee Retirement Income Security Act's claims regulation, the Eighth Circuit U.S. Court of Appeals affirmed Jan. 11 (Grasso Enterprises, LLC, et...

Mealey's Labor & Employment - 4th Circuit Vacates Decision For FBI Trainee Who Flunked Due To 1 Push-Up

RICHMOND, Va. - A trial court erred when it found that gender-specific physical fitness requirements for FBI trainees violated Title VII of the Civil Rights Act of 1964 in the case of a male trainee who failed to graduate from the FBI Academy due to missing the physical test cut-off by one push-up, the...

Mealey's Labor & Employment - 3rd Circuit Reinstates Female Trucker's Disparate Treatment, Retaliation Claims

PHILADELPHIA - A female truck driver who was laid off following her filing of numerous complaints about her co-workers and was never recalled, even after all her male co-workers were, may proceed with her disparate treatment and retaliation claims, the Third Circuit U.S. Court of Appeals ruled Jan. 11...

Mealey's Labor & Employment - U.S. High Court Accepts Car Dealership's Overtime Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 15 agreed to decide whether car dealership service advisers are exempt from the Fair Labor Standards Act's (FLSA) overtime pay requirements (Encino Motorcars, LLC v. Hector Navarro, et al., No. 15-415, U.S. Sup.; 2016 U.S. LEXIS 635).

Mealey's Labor & Employment - High Court: Enforcement Of Equitable Lien Against General Assets Is Not Equitable Remedy

WASHINGTON, D.C. - The U.S. Supreme Court ruled 8-1 on Jan. 20 that an employee welfare plan fiduciary may not bring a suit under Employee Retirement Income Security Act Section 502(a)(3) to attach a participant's separate assets when the participant wholly dissipated a third-party settlement on...

Mealey's Labor & Employment - U.S. High Court Hears Arguments In Demoted Detective's Free Speech Suit

WASHINGTON, D.C. - Public employees, whether affiliated with a specific party or not, have a right to job protection for perceived political association, the attorney representing a demoted police detective argued Jan. 19 before the U.S. Supreme Court (Jeffrey J. Heffernan v. City of Paterson, New Jersey...

Mealey's Labor & Employment - 6th Circuit Sends M&G Polymers Contract Dispute Back To Trial Court

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 21 remanded a dispute over the life of retiree health benefits, in which the U.S. Supreme Court issued an opinion on Jan. 26, 2015, to the U.S. District Court for the Southern District of Ohio for reconsideration of factual determinations in...

Mealey's Labor & Employment - High Court: 9th Circuit Erred In Evaluating Fiduciary Breach Complaint Under Fifth Third

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 25 in a per curiam opinion reversed the Ninth Circuit U.S. Court of Appeals' ruling that participants in eligible individual account plans (EIAPs) sponsored by Amgen Inc. sufficiently alleged that the plans' fiduciaries breached their fiduciary...

Mealey's Labor & Employment - High Court Vacates 11th Circuit Remedies Ruling, Remands In Light Of Montanile

WASHINGTON, D.C. - The U.S. Supreme Court in a summary disposition on Jan. 25 vacated the 11th Circuit U.S. Court of Appeals' divided opinion that a welfare benefits plan was entitled to reimbursement of medical costs it spent on behalf of a plan participant because the plan created an equitable...

Mealey's Labor & Employment - High Court Denies Review Of Cash-Balance Plan's 'Normal Retirement Age' Definition

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 25 denied PricewaterhouseCoopers LLP's petition seeking review of a Second Circuit U.S. Court of Appeals ruling that the company's cash-balance pension plan violates the Employee Retirement Income Security Act because it defines "normal retirement...

Mealey's Labor & Employment - Federal Judge Addresses Proposed Remedy, Notice In Cash-Balance Conversion Case

NEW HAVEN, Conn. - In litigation over Cigna Corp.'s conversion from a traditional defined-benefit pension plan to a cash-balance plan that has been pending for 15 years, a federal judge in Connecticut on Jan. 21 ruled that the required notice of reduction in benefit accrual should include the formulas...

Mealey's Labor & Employment - RadioShack Plan Participants' Stock-Drop Suit Partially Settled, Dismissed

FORT WORTH, Texas - A Texas federal judge on Jan. 25 in two separate rulings granted preliminary approval of a $900,000 settlement by the trustees of two RadioShack 401(k) plans and partially dismissed the claims against the RadioShack directors and members of the administrative committee in a consolidated...

Mealey's Labor & Employment - Judgment For Employer In Contract Dispute Upheld; Attorney Fees Reversed

SAN FRANCISCO - A California appeals court on Jan. 26 upheld a summary judgment ruling for an employer in a contract dispute but reversed the award of attorney fees, finding that the trial court improperly applied an outdated version of California Labor Code Section 218.5 (USS-POSCO Industries v. Floyd...

Mealey's Labor & Employment - 8th Circuit Affirms Calculation Of Retirement Benefits By Administrator

ST. LOUIS - A $142,737 payment was properly excluded from pension-qualifying earnings as a moving expense by the Terminal Railroad Association of St. Louis Pension Plan for Nonscheduled Employees (the plan), the Eighth Circuit U.S. Court of Appeals ruled Jan. 29 in a case brought pursuant to the Employee...

Mealey's Labor & Employment - Marriott Prevails In ERISA Action Over Deferred Stock Plan

RICHMOND, Va. - The Fourth U.S. Circuit Court of Appeals on Jan. 29 reversed a Maryland federal judge's decision that deemed timely allegations that Marriott International Inc. violated the vesting requirements of the Employee Retirement Income Security Act (Dennis Bond Sr., et al. v. Marriot International...

Mealey's Labor & Employment - 2nd Circuit Upholds Enforcement Of Arbitration Forum Waivers

NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 28 upheld a ruling that Rule 13200 of the Financial Industry Regulatory Authority (FINRA) does not bar enforcement of predispute waivers of a FINRA arbitral forum (Credit Suisse Securities [USA] LLC v. John David Tracy, et al., No. 15-0345,...

Mealey's Labor & Employment - 2nd Circuit: Police Chief Owed Immunity From Retaliation Suit

NEW YORK - A trial court erred when it denied qualified immunity to a police chief in a 42 U.S. Code Section 1983 retaliation suit as "there was no clearly established precedent at the time of the defendant's conduct that her conduct violated constitutional norms," a Second Circuit U.S...

Mealey's Labor & Employment - 7th Circuit Reverses Summary Judgment Ruling In Reverse Racism Suit

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 3 reversed a trial court's grant of summary judgment for employers in a racial discrimination suit filed by a white construction worker (Terry Deets v. Massman Construction Company, et al., No. 15-1411, 7th Cir.; 2016 U.S. App. LEXIS 1770...