Mealeys

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Mealey's Labor & Employment - 9th Circuit: State Waived Immunity With Removal Of Federal Law Claims
Posted on 18 Oct 2019 by Mealeys

SAN FRANCISCO - In an issue that it noted was one of first impression, the Ninth Circuit U.S. Court of Appeals on Oct. 16 ruled that a state, when it removed federal law wage claims to a federal court, waived its 11th Amendment to the U.S. Constitution... Read More

Mealey's Labor & Employment - High Court Will Not Hear Subrogation Dispute Between Health Plan, Participant
Posted on 15 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 15 declined to review a Third Circuit U.S. Court of Appeals ruling that a New Jersey federal judge did not abuse his discretion in disallowing discovery in a protracted legal dispute between a health benefit... Read More

Mealey's Labor & Employment - Jury Returns $5.2 Million Verdict Against Wal-Mart In EEOC Disability Bias Suit
Posted on 14 Oct 2019 by Mealeys

MADISON, Wis. - A Wisconsin federal jury on Oct. 10 issued a $5.2 million verdict against Wal-Mart Stores Inc. and Wal-Mart Stores East L.P. (collectively Wal-Mart), finding THAT they violated the Americans with Disabilities Act (ADA), by failing to provide... Read More

Mealey's Labor & Employment - Counsel For Worker, Funeral Home, EEOC Argue Transgender Bias Before High Court
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court heard oral arguments on Oct. 8 on Title VII of the Civil Rights Act of 1964 protections from the attorney representing Aimee Stephens, a transgender worker, the attorney representing the funeral home where Stephens... Read More

Mealey's Labor & Employment - U.S. High Court Won't Hear Employer's Title VII False Rumor Appeal
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a petition for a writ of certiorari filed by an employer accused of discrimination under Title VII of the Civil Rights Act of 1964 and retaliation in connection with an alleged rumor circulated... Read More

Mealey's Labor & Employment - U.S. High Court Won't Review Forum Selection Clauses In ERISA Plans
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 declined to grant petition for a writ of certiorari filed by an Employee Retirement Income Security Act plan participant seeking a decision on whether private employee benefit plans can override the... Read More

Mealey's Labor & Employment - U.S. Supreme Court Denies Insurers' Petition In ERISA Preemption Suit
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a petition for a writ of certiorari filed by two health insurance companies that asked the U.S. Supreme Court to review a decision on whether the Employee Retirement Income Security Act preempts... Read More

Mealey's Labor & Employment - U.S. High Court Denies Petition In Suit Over Workers' Untaxed Payments
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a request by workers to consider a ruling by the Eighth Circuit U.S. Court of Appeals finding untaxed per diem payments constitute wages for the purpose of minimum wage requirements (Yassine Baouch... Read More

Mealey's Labor & Employment - U.S. High Court Justices Hear Arguments On Title VII And Sex Orientation Bias
Posted on 9 Oct 2019 by Mealeys

WASHINGTON, D.C. - Oral arguments on whether the protections of Title VII of the Civil Rights Act of 1964 reach sexual orientation were presented Oct. 8 before the U.S. Supreme Court with the attorney representing the former employees in two cases that... Read More

Mealey's Labor & Employment - Employment Classification Preemption Appeal Denied By U.S. Supreme Court
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - A petition for a writ of certiorari filed by a delivery service seeking a decision on whether the Third Circuit U.S. Court of Appeals erred when it held that New Jersey's statutory test for determining employment classification... Read More

Mealey's Labor & Employment - U.S. High Court Won't Hear Appeal Of Ruling In Portal-To-Portal Act Suit
Posted on 7 Oct 2019 by Mealeys

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 7 denied a petition for a writ of certiorari filed by a company that provides warehouse labor services and Amazon.com Inc. seeking a decision on the compensability of security screenings (Integrity Staffing... Read More

Mealey's Labor & Employment - In ERISA Dispute, 2nd Circuit Vacates, Remands Privity Holding
Posted on 3 Oct 2019 by Mealeys

NEW YORK - A panel of the Second Circuit U.S. Court of Appeals on Oct. 1 ruled that because the relationship between New York University (NYU) and its investment adviser "does not fit" any of the categories of privity recognized by the U.S.... Read More

Mealey's Labor & Employment - 5th Circuit: Worker May Sue For Firing After Not Lying To Get Out Of Jury Duty
Posted on 2 Oct 2019 by Mealeys

NEW ORLEANS - A former Taco Bell franchisee's worker who alleges that he was fired for refusing to lie to get out of jury duty may proceed with his lawsuit as the trial court erred in finding that there was no private cause of action under the relevant... Read More

Mealey's Labor & Employment - Split 9th Circuit: McDonald's Isn't Joint Employer Liable For Overtime Claims
Posted on 2 Oct 2019 by Mealeys

SAN FRANCISCO - McDonald's Corp. and its subsidiaries aren't a joint employer of franchised locations workers and can't be found liable for workers' overtime claims, a split Ninth Circuit U.S. Court of Appeals panel ruled Oct. 1 (Guadalupe... Read More

Mealey's Labor & Employment - 6th Circuit: Employment Agreement Can't Alter Title VII Limitation Period
Posted on 1 Oct 2019 by Mealeys

CINCINNATI - An employment contract can't alter Title VII of the Civil Rights Act of 1964's statute of limitations, a Sixth Circuit U.S. Court of Appeals panel ruled Sept. 25 in a matter it noted was one of first impression (Barbrie Logan v. MGM... Read More