Labor and Employment Law

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Participant Time-Barred From Challenging Benefit Termination, 1st Circuit Says
Posted on 5 Sep 2012 by Mealeys

BOSTON - The limitations period for filing a legal claim provided in a disability plan bars a participant's claim for reinstatement of benefits under the Employee Retirement Income Security Act, the First Circuit U.S. Court of Appeals affirmed Aug... Read More

2nd Circuit Affirms Dismissal Of Stock-Drop Suit Against GSK, Fiduciaries
Posted on 6 Sep 2012 by Mealeys

NEW YORK - Drug manufacturer GlaxoSmithKline PLC (GSK) and its retirement plans' fiduciaries did not violate the Employee Retirement Income Security Act, 29 U.S.C.S. § 1001 et seq. , by permitting participants to continue to invest in company... Read More

Mealey's Litigation Bulletin: Employment Law--Supreme Court finds that mid-year Union Fee Increase Requires Notice
Posted on 21 Jun 2012 by Mealeys

WASHINGTON, D.C. - An appeal of a lawsuit by nonunion employees who pay an annual fee to their union and are challenging what constitutes proper notice of temporary mid-year fees assessed by a union and used for political purposes is not moot, a U.S.... Read More

Split 11th Circuit Upholds Overtime For Alien, Workers That Didn't Pay Taxes
Posted on 7 Mar 2013 by Mealeys

ATLANTA - A split 11th Circuit U.S. Court of Appeals on March 6 upheld a verdict for unpaid overtime wages for two workers despite their failure to properly report their wages to the federal government and the illegal status of one of the workers (Reinaldo... Read More

Alabama Federal Judge: Settlement Terms Preclude Further Monetary Relief
Posted on 12 Jul 2012 by Mealeys

MONTGOMERY, Ala. - An Alabama federal judge on July 11 granted summary judgment to a concrete products company on claims by the Equal Employment Opportunity Commission for legal damages and victim-specific equitable relief in an action alleging race discrimination... Read More

High Court to Consider Equitable Remedies Available Under ERISA
Posted on 25 Jun 2012 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court today agreed to review a Third Circuit U.S. Court of Appeals ruling that a health plan administrator's claim for reimbursement against a plan participant is subject to equitable limitations, including unjust... Read More

Classes Certified In Case Alleging TV Installers Misclassified As Contractors
Posted on 24 Aug 2012 by Mealeys

LOS ANGELES - An employee's lawsuit alleging that a television studio company illegally misclassified him and fellow equipment installers as independent contractors to avoid paying them overtime presents common questions that can be answered through... Read More

Pennsylvania Federal Judge: Drug, Alcohol Tests For New U.S. Steel Workers Legal
Posted on 25 Feb 2013 by Mealeys

PITTSBURGH - U.S. Steel Corp. can conduct random drug and alcohol testing on probationary employees because the practice is job-related and "consistent with business necessity" pursuant to the Americans with Disabilities Act (ADA), a Pennsylvania... Read More

Summary Judgment Denied In Paralegal's Action Seeking Overtime Pay
Posted on 8 Jun 2012 by Mealeys

GULFPORT, Miss. - A paralegal's claims that the law firm she worked for illegally failed to pay her overtime contain questions of fact that must be decided at trial, a Mississippi federal judge held June 7 in denying bids for summary judgment by both... Read More

Claims Against Catholic Church Over Artificial Insemination Plausible, Judge Rules
Posted on 3 Apr 2012 by Mealeys

CINCINNATI - A parochial school teacher who was artificially inseminated raises "plausible claims" that a Catholic archdiocese illegally discriminated against her by firing her because of her pregnancy, an Ohio federal judge held March 29 after... Read More

6th Circuit: Employee's Firing Was Not Caused By Report Of Illegal Activity
Posted on 28 Nov 2012 by Mealeys

CINCINNATI - An advertising agency employee failed to show that his termination was caused by reporting alleged illegal conduct rather than downsizing required by financial problems at the agency's sole client, the Sixth Circuit U.S. Court of Appeals... Read More

Federal Judge Allows Claim That Worker Was Denied Leave For Muscular Dystrophy
Posted on 18 Jul 2012 by Mealeys

PHOENIX - An Arizona federal judge on July 16 granted summary judgment to a national trucking company on an employee's claim that he was illegally misclassified as exempt from overtime pay but denied it judgment on the worker's claim that the... Read More

Mealey's Employment Law Bulletin: Supreme Court Hears Supervisor Liability Appeal
Posted on 27 Nov 2012 by Mealeys

WASHINGTON, D.C. - The "supervisor" liability rule established in Faragher v. City of Boca Raton, (524 U.S. 775 [1998]) and Burlington Industries, Inc. v. Ellerth, (524 U.S. 742 [1998]) should apply to harassment by supervisors even if they... Read More

Rite Aid Settles Assistant Managers' Overtime Claims For $20.9 Million
Posted on 20 Jun 2012 by Mealeys

WILLIAMSPORT, Pa. - A $20.9 million settlement of 15 lawsuits filed across the country alleging that Rite Aid Corp. illegally classified its assistant store managers as exempt in order to avoid paying them overtime wages received preliminary approval... Read More

Mealey's ERISA Bulletin: High Court to Consider Equitable Remedies Available Under ERISA
Posted on 25 Jun 2012 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court today agreed to review a Third Circuit U.S. Court of Appeals ruling that a health plan administrator's claim for reimbursement against a plan participant is subject to equitable limitations, including unjust... Read More

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