LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 9th Circuit: Car Dealership Service Advisers Are Owed Overtime

PASADENA, Calif. - Car dealership service advisers are not exempt from Fair Labor Standards Act (FLSA) overtime pay requirements, the Ninth Circuit U.S. Court of Appeals ruled March 24, noting that the matter was a question of first impression for the circuit (Hector Navarro, et al. v. Encino Motorcars...

Mealey's Labor & Employment - U.S. Supreme Court Will Resolve ERISA Equitable Relief Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on March 30 granted a petition for writ of certiorari in a dispute over the meaning of "equitable relief" within Employee Retirement Income Security Act Section 502(a)(3) as it relates to an attempt to recover an alleged overpayment (Robert Montanile...

Mealey's Labor & Employment - 5th Circuit: Marine Superintendents Don't Fall Under Administrative Exemption

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on March 27 upheld a trial court's ruling finding that marine superintendents suing for overtime did not fall within the Fair Labor Standards Act (FLSA) administrative exemption but that the highly compensated employee exemption applied to one...

Mealey's Labor & Employment - Split 6th Circuit Reinstates Dish Installer's Wage Complaint

CINCINNATI - A satellite dish installer who claims that he was improperly classified as an independent contractor may proceed with his wage claims, a split Sixth Circuit U.S. Court of Appeals ruled March 26 (Michael Keller v. Miri Microsystems LLC, No. 14-1430, 6th Cir.; 2015 U.S. App. LEXIS 4887).

Mealey's Labor & Employment - 2nd Circuit: New York Wage Parity Law For Home Health Aides Not Preempted By ERISA

NEW YORK - The Employee Retirement Income Security Act and the National Labor Relations Act do not preempt a New York wage parity law governing the total compensation for home care aides, the Second Circuit U.S. Court of Appeals ruled March 27 (Concerned Home Care Providers, Inc., et al. v. Andrew M...

Mealey's Labor & Employment - Dun & Bradstreet Again Awarded Judgment On Hostile Environment Claims

ATLANTA - On remand for the second time from the 11th Circuit U.S. Court of Appeals, Dun & Bradstreet Inc. (D&B) was awarded summary judgment on March 30 for the third time by a Georgia federal court on a former employee's retaliatory hostile work environment claims. In a judgment entered...

Mealey's Labor & Employment - 3rd Circuit Affirms Ruling For County Youth Agency On Bias, Due Process Claims

PHILADELPHIA - A Pennsylvania federal court properly found that a former child welfare services caseworker did not adequately plead a discrimination claim against his employer under the Americans with Disabilities Act or the Pennsylvania Human Relations Act and that his due process rights were not violated...

Mealey's Labor & Employment - 1st Circuit: Life Insurance Agent Failed To Prove Claims Of Age Bias

BOSTON - An insurance agent whose contract was terminated following repeated violations of company policies failed to prove both that he was an employee rather an independent contractor and that he was actually targeted due to his age, the First Circuit U.S. Court of Appeals ruled April 6, upholding...

Mealey's Labor & Employment - 5th Circuit Revives Lieutenant's Race Bias Claims In Suit Over Denied Promotion

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 6 reinstated a lawsuit filed by a lieutenant alleging that she was denied a promotion due to her race (Gayle Miller McMullin v. Mississippi Department of Public Safety, et al., No. 14-60366, 5th Cir.; 2015 U.S. App. LEXIS 5523).

Mealey's Labor & Employment - ERISA's Hold-In-Trust Requirement Doesn't Require Express Words, 9th Circuit Says

SAN FRANCISCO - Specific terminology need not be used to meet the requirement of Employee Retirement Income Security Act Section 403(a) that "all assets of an employee benefits plan shall be held in trust by one or more trustees," the Ninth Circuit U.S. Court of Appeals ruled April 7 (David...

Mealey's Labor & Employment - Fiduciary Status Sufficiently Alleged In Case Over Denial Of Benefits, Judge Says

SAN FRANCISCO - A federal judge in California on April 7 denied United Behavioral Health's (UBH) motion to dismiss a putative class action alleging that the insurer denied claims for mental illness and substance abuse-related outpatient treatment in violation of the Employee Retirement Income Security...

Mealey's Labor & Employment - Split 9th Circuit Panel Finds Settlement Terms Are Ripe For Review

SAN FRANCISCO - A settlement agreement that includes a provision in which the former employee waives his rights to employment with the employer at any facility it currently owns or with which it may contract in the future is ripe for review, a split Ninth Circuit U.S. Court of Appeals panel ruled April...

Mealey's Labor & Employment - $140 Million Settlement In Revenue-Sharing Suit Receives Final Approval

NEW HAVEN, Conn. - A federal judge in Connecticut on April 9 granted final approval to a $140 million class action settlement between Nationwide Financial Services Inc. and Nationwide Life Insurance Co. (collectively, Nationwide) and trustees of employer-sponsored pension plans on the trustees' claims...

Mealey's Labor & Employment - Clinic To Settle Transgender Worker's Sex Bias Claims For $150,000

TAMPA, Fla. - A Florida federal judge on April 9 granted a joint motion for approval of a consent decree under which a Florida clinic will pay $150,000 to settle claims brought by the Equal Employment Opportunity Commission that it unlawfully terminated a transgender employee in violation of Title VII...

Mealey's Labor & Employment - 3rd Circuit: Store Manager Failed To Show He Was Owed Overtime

PHILADELPHIA - The store manager of a discount retailer failed prove that he was improperly denied overtime wages, the Third Circuit U.S. Court of Appeals ruled April 9, upholding a trial court (Albert Itterly, et al. v. Family Dollar Stores, Inc., et al., No. 14-1274, 3rd Cir.; 2015 U.S. App. LEXIS...

Mealey's Labor & Employment - 5th Circuit Upholds Dismissal Of Claims Challenging Paid Detail Ordinances

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on April 15 upheld the dismissal of claims challenging two ordinances passed by the City of New Orleans related to paid detail for city police officers, finding that the ordinances did not violate the U.S. and state constitutions (Walter Powers, Jr...

Mealey's Labor & Employment - High Court Won't Decide If Service Provider Is Fiduciary In Excessive Fee Case

WASHINGTON,D.C. - The U.S. Supreme Court on April 20 denied review of a Third Circuit U.S. Court of Appeals ruling that John Hancock Life Insurance Company (U.S.A.) (JHUSA) and its related entities are not fiduciaries under the Employee Retirement Income Security Act in regard to allegations by participants...

Mealey's Labor & Employment - Patterson-UTI Drilling Agrees To Pay $14.5M To Settle Race Bias Claims

DENVER - Patterson-UTI Drilling Co. LLC, a Texas-based multistate oil drilling company, agreed to pay $14.5 million to settle a racial and national origin discrimination lawsuit filed in the U.S. District Court for the District of Colorado by the U.S. Equal Employment Opportunity Commission and to resolve...

Mealey's Labor & Employment - Supreme Court Won't Address Timeliness Of Fiduciary Duty Claims

WASHINGTON, D.C. - The U.S. Supreme Court on April 20 declined to consider whether the Sixth Circuit U.S. Court of Appeals erred in ruling that pension plan trustees' claims that Massachusetts Mutual Life Insurance Co. breached its fiduciary duties under the Employee Retirement Income Security Act...

Mealey's Labor & Employment - Supreme Court Won't Review Ruling That Reimbursement Action Seeks Legal Relief

WASHINGTON, D.C. - The U.S. Supreme Court on April 20 declined to review a Second Circuit U.S. Court of Appeals ruling that a multiemployer welfare fund was not entitled to reimbursement from another insurer for benefits paid on behalf of a plan beneficiary who was covered by both insurers because the...

Mealey's Labor & Employment - 6th Circuit: Equitable Defenses Not Available In ERISA Collection Action

CINCINNATI - The Employee Retirement Income Security Act bars an employer in an action brought by multiemployer benefit funds to collect delinquent payments under a union contract from asserting the equitable defenses of laches and estoppel, the Sixth Circuit U.S. Court of Appeals ruled April 20 (Operating...

Mealey's Labor & Employment - Judicial Review Of MPPAA Arbitration Requires Complaint, 4th Circuit Rules

RICHMOND, Va. - A multiemployer pension fund properly filed a complaint in federal district court to seek review of an arbitration order related to the fund's assessment of withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), the Fourth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - U.S. High Court Agrees To Decide When Constructive Discharge Clock Begins

WASHINGTON, D.C. - The U.S. Supreme Court on April 27 agreed to hear the appeal of a constructive discharge suit brought by a former U.S. Postal Service employee and decide if the clock begins ticking when an employee resigns or at the time of an employer's last allegedly discriminatory act (Marvin...

Mealey's Labor & Employment - U.S. Supreme Court: EEOC's Conciliation Efforts May Be Reviewed

WASHINGTON, D.C. - Courts have a limited authority to review whether the Equal Employment Opportunity Commission has met its duty under Title VII of the Civil Rights Act of 1964 to attempt conciliation, the U.S. Supreme Court ruled April 29 in a unanimous opinion that vacated a decision by the Seventh...

Mealey's Labor & Employment - 3rd Circuit: NLRB Must Reconsider Withholding Of Benefits

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on April 29 partially vacated a ruling in favor of a union and against the employer and remanded the portion of the ruling regarding benefit discrimination for reconsideration (800 River Road Operating CO LLC, DBA Woodcrest Health Care Center v....