LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Split 7th Circuit: Union Can't Be Cut Out Of Detention Center's Staffing Changes

CHICAGO - A trial court erred when it ruled that a union could be denied participation in staffing changes at a juvenile detention center where it represents workers, a split Seventh Circuit U.S. Court of Appeals panel ruled Aug. 17 (Jimmy Doe, et al. v. Cook County, Ill., et al., No. 10-2746, 7th Cir...

Mealey's Labor & Employment - 2nd Circuit: Major League Baseball FanFest Volunteers Are Not Owed Wages

NEW YORK - Individuals who volunteered at Major League Baseball's FanFest are exempt from receiving wages under the Fair Labor Standards Act (FLSA), the Second Circuit U.S. Court of Appeals ruled Aug. 14 (John Chen, et al. v. Major League Baseball Properties, Inc., et al., No. 14-1315, 2nd Cir.;...

Mealey's Labor & Employment - Pension Plan Did Not Violate ERISA By Transferring Assets To Annuity, 5th Circuit Says

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Aug. 17 affirmed a district court's dismissal of a second amended class action complaint alleging that Verizon Communications Inc. violated the Employee Retirement Income Security Act by removing retirees from the company's pension plan...

Mealey's Labor & Employment - Arbitration Policy Distributed After Class Suit Was Filed Is Deemed Unenforceable

SAN FRANCISCO - An arbitration policy distributed to employees of an aviation support company after a wage-and-hour class complaint was already filed is unenforceable against the members of the class because there was insufficient communication regarding its impact and no clear opt-out opportunities...

Mealey's Labor & Employment - California Appellate Panel: Arbitrator To Decide If Wage Class Claims May Proceed

YOLO, Calif. - An arbitrator will decide if armed security guards who allege that they were not properly reimbursed by their employer for equipment and training may proceed with their class claims or must arbitrate their claims individually, a California appellate panel ruled Aug. 18 (Universal Protection...

Mealey's Labor & Employment - Missouri Panel: Plant Failed To Show It Was A Statutory Employer In Injury Suit

ST. LOUIS - A Missouri power plant failed to show that it was the statutory employer of a repairman and thus entitled to the protection of the workers' compensation exclusivity after the worker was injured while performing a repair, a Missouri appellate panel ruled Aug. 18, reversing a trial court's...

Mealey's Labor & Employment - D.C. Circuit: In-Home Companions Employed By Agencies Are Owed Overtime

WASHINGTON, D.C. - A trial court erred when it invalidated the U.S. Department of Labor's (DOL) extension of the Fair Labor Standards Act's (FLSA) minimum wage and overtime coverage to workers employed by third-party agencies who provide in home care and companionship services, the District of...

Mealey's Labor & Employment - 2nd Circuit Partly Reverses Holdings In Denial Of Benefits Case

NEW YORK - A New York federal judge's determination that the New York State Psychiatric Association (NYSPA) lacks associational standing to sue a claims administrator for violations of the Employment Retirement Income Security Act was reversed by the Second Circuit U.S. Court of Appeals on Aug. 20...

Mealey's Labor & Employment - Court: Immediate Symptoms Of Asbestos Exposure Don't Trigger 'Intentional Tort'

SEATTLE - Allegations of contemporaneous symptoms after asbestos exposure do not trigger the intentional tort exemption to workers' compensation exclusivity because there is no way the employer could have known for certain that the exposure would lead to a man's mesothelioma, a Washington appellate...

Mealey's Labor & Employment - Judge Refuses To Dismiss Hospital From Suit Over Alleged Insurance Fraud

NEW ALBANY, Ind. - A federal judge in Indiana on Aug. 24 denied a hospital's motion to dismiss it from a former emergency room doctor's False Claims Act (FCA) lawsuit, after finding that the plaintiff's allegation that he was subject to retaliatory termination as a result of his complaints...

Mealey's Labor & Employment - Missouri Federal Judge Grants Partial Dismissal In Pension Dispute

ST. LOUIS - A defendant on Aug. 24 won dismissal by a Missouri federal judge of a request for an order requiring her to repay more than $1.3 million in allegedly erroneously issued pension payments, but she must still face claims for restitution and unjust enrichment under the Employee Retirement Income...

Mealey's Labor & Employment - Federal Judge Compels Arbitration Of Employment Action In South Korea

HAGATNA, Guam - A Guam federal judge on Aug. 24 found that a Delaware company did not waive its right to compel arbitration in South Korea of claims asserted by a widow on behalf of her husband who died aboard one of its vessels, but found that former owner of the vessel was not entitled to compel arbitration...

Mealey's Labor & Employment - $500,000 Settlement Granted Preliminary Approval In Financial Advisers' Wage Suit

SAN FRANCISCO - A California federal magistrate judge on Aug. 21 preliminarily approved a $500,000 settlement in a wage-and-hour suit brought on behalf of a class of financial sales advisers, opining that while the amount is less than 11 percent of the total potential liability estimate given by the...

Mealey's Labor & Employment - New Jersey Federal Judge Conditionally Certifies Accountant Overtime Class

NEWARK, N.J. - A group of lease accountants presented sufficient evidence to make a "modest factual showing" that they were similarly situated and should be granted conditional certification in a wage-and-hour complaint, a New Jersey federal judge ruled Aug. 21, rejecting the employers'...

Mealey's Labor & Employment - 6th Circuit Affirms: Medical Expenses Can Be Recouped Under Plan

CINCINNATI - An Ohio federal judge properly found that a subrogation provision in a health benefits plan clearly established the plan's right to recoup medical expenses paid on a defendant's behalf, the Sixth Circuit U.S. Court of Appeals ruled Aug. 25 (Board of Trustees of the National Elevator...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms That Plan Participant's Suit Is Time-Barred

NEW YORK - The Second Circuit U.S. Court of Appeals on Aug. 25 affirmed that a retirement plan participant's breach of fiduciary duty suit is time-barred under the applicable three-year statute of limitations and said that the evidence shows the participant had actual knowledge of the alleged breach...

Mealey's Labor & Employment - Ohio Federal Judge Decertifies Class Of Restaurant Workers In Overtime Suit

CLEVELAND - An Ohio federal judge on Aug. 24 granted a motion to decertify a conditional class of hourly restaurant workers seeking wages for the time they allegedly spent working when restaurants stayed open past their posted hours; however, two days later, the employer moved for clarification, arguing...

Mealey's Labor & Employment - Split Labor Board Redefines Joint-Employer Standard

WASHINGTON, D.C. - A sharply divided National Labor Relations Board (NLRB) on Aug. 27 redefined and expanded its standard for assessing joint-employer status under the National Labor Relations Act (Browning-Ferris Industries of California, Inc., d/b/a BFI Newby Island Recyclery, and FPR-II, LLC, d/b...

Mealey's Labor & Employment - Plaintiff Precluded From Asserting Breach Of Fiduciary Duty Claim, Texas Judge Says

DALLAS - A plaintiff sufficiently alleged facts in her complaint to support a claim for promissory estoppel but is precluded from asserting a breach of fiduciary duty claim because she has alleged a claim for wrongful denial of benefits, a Texas federal judge said Aug. 25 (Susan M. Repass v. AT&T...

Mealey's Labor & Employment - Federal Judge Stays Class Action Against Brink's Pending Ruling

OAKLAND, Calif. - A California federal judge on Aug. 25 stayed a class action filed against a security company in which an employee asserts claims over hours and wages and violations of the California unfair competition law pending the outcome of a similar class action filed against the company (Ernie...

Mealey's Labor & Employment - Judge Finds Workers' Comp Acts As Statute Of Repose, Bars Malpractice Claims

ROCK HILL, S.C. - South Carolina Supreme Court guidance indicates that the workers' compensation statute acts as a statute of repose, eliminating claims forming the basis of a putative class action over the allegedly improperly handling asbestos bankruptcy trust claims, a federal judge affirmed Aug...

Mealey's Labor & Employment - Administrator Required To Disclose Limitations Period In Denial Letter, Panel Says

PHILADELPHIA - A plan administrator's failure to notify a claimant in its denial letter of the health plan's one-year limitations period for filing suit is a violation of the requirements of the Employee Retirement Income Security Act, and as a result, New Jersey's six-year limitations period...

Mealey's Labor & Employment - Former Employee Relinquished Right To File Suit Against Employer, 2nd Circuit Says

NEW YORK - A suit filed by a former employee of Xerox Corp. was properly dismissed because the employee signed an agreement relinquishing all claims, including any related to his distribution or calculation of pension benefits, the Second Circuit U.S. Court of Appeals said Aug. 26 (Herbert E. Anderson...

Mealey's Labor & Employment - Illinois Participants, Boeing Settle Excessive-Fee Case On Eve Of Trial

EAST ST. LOUIS, Ill. - Boeing Co. and participants in its 401(k) plan reached a provisional settlement on claims under the Employee Retirement Income Security Act related to excessive fees, ending nine years of litigation and canceling the bench trial that was set to begin Aug. 26 (Gary Spano, et al...

Mealey's Labor & Employment - Employee's Claim For Denial Of Health Benefits Cannot Stand, Federal Judge Says

MINNEAPOLIS - A Minnesota federal judge on Aug. 26 dismissed a third-party claim filed against an employer for breach of the doctrine of promissory estoppel for failing to pay a health benefits claim because the employee's claim is one for wrongful denial of health benefits under the Employee Retirement...