Mealeys

Recent Posts

Mealey's Labor & Employment - Georgia Appeals Court Affirms Class Status For Firefighters Suing Employer
Posted on 19 Sep 2019 by Mealeys

ATLANTA - A Georgia trial court didn't err when it certified a class of firefighters suing a Georgia city over their classification as part-time, rather than full-time, employees as they alleged they worked 50 hours or more each week, a Georgia appellate... Read More

Mealey's Labor & Employment - Parties Terminate Appeals In New York Times' ERISA Withdrawal Liability Suit
Posted on 19 Sep 2019 by Mealeys

NEW YORK - Parties involved in a dispute over The New York Times Co.'s liability for withdrawing from a multiemployer pension plan on Sept. 16 filed a stipulation in the Second Circuit U.S. Court of Appeals withdrawing with prejudice their appeals... Read More

Mealey's Labor & Employment - Preliminary Approval Of $8.5M Settlement Sought In Safeway Fiduciary Breach Suit
Posted on 18 Sep 2019 by Mealeys

SAN FRANCISCO - A California federal court should grant preliminary approval of an $8.5 million class settlement reached in a breach of fiduciary suit alleging that Safeway Inc. mismanaged its 401(k) plan because the settlement is fair and represents... Read More

Mealey's Labor & Employment - EEOC: UPS Will Pay $2.25 Million To Settle Pregnancy Bias Charge
Posted on 18 Sep 2019 by Mealeys

NEW YORK - United Parcel Service Inc. (UPS) has agreed to pay $2.25 million and clarify its pregnancy accommodation policies to end a pregnancy bias charge, the Equal Employment Opportunity Commission announced Sept. 17. Read More

Mealey's Labor & Employment - Remand Denied, Arbitration Granted In Off-The-Clock Work Class Complaint
Posted on 17 Sep 2019 by Mealeys

LOS ANGELES - A federal magistrate judge in California on Sept. 13 denied an employee's motion to remand his class complaint over wage violations, including allegations that he and others who worked for a health care staffing company were denied compensation... Read More

Mealey's Labor & Employment - Employer Not Required To Provide COBRA Notification, 6th Circuit Says In Reversing
Posted on 17 Sep 2019 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Sept. 13 reversed a district court's ruling in a health insurance coverage dispute after determining that an employer did not violate the Comprehensive Omnibus Budget Reconciliation Act (COBRA... Read More

Mealey's Labor & Employment - Judge Grants Final Approval Of Uber's $20 Million Misclassification Settlement
Posted on 16 Sep 2019 by Mealeys

SAN FRANCISCO - A federal judge in California on Sept. 13 granted final approval of a $20 million settlement to paid by Uber Technologies Inc. to end two class complaints accusing the ride share company of misclassifying its drivers as independent contractors... Read More

Mealey's Labor & Employment - California High Court Denies Penalty For Unpaid Wages Sought Under PAGA
Posted on 16 Sep 2019 by Mealeys

SAN FRANCISCO - A bank employee who brought a California Private Attorneys General Act (PAGA) action against her employer can't pursue claims for overtime violation penalties under California Labor Code Section 558 "[b]ecause the amount for unpaid... Read More

Mealey's Labor & Employment - Class Certification Partially Granted In ERISA Suit Arising Out Of Outpatient Surgeries
Posted on 16 Sep 2019 by Mealeys

NEW YORK - A New York federal judge on Sept. 11 partially granted a motion for class certification in a suit alleging that a health insurer wrongfully refused to pay for outpatient surgeries after determining that class certification is appropriate only... Read More

Mealey's Labor & Employment - MIT, Retirement Plan Participants Announce Settlement Before Trial
Posted on 16 Sep 2019 by Mealeys

BOSTON - Massachusetts Institute of Technology (MIT) and a class of participants in an MIT-sponsored retirement plan suing over alleged excessive fees and failure to monitor appointed fiduciaries filed a notice of settlement and joint motion to stay all... Read More

Mealey's Labor & Employment - Employer's Complaint Dismissed; Finding Already Made On ERISA's Applicability
Posted on 13 Sep 2019 by Mealeys

SEATTLE - A Washington federal judge on Sept. 10 dismissed an employer's complaint seeking a finding that its short-term disability (STD) plan is not governed by the Employee Retirement Income Security Act because the issue already was decided by... Read More

Mealey's Labor & Employment - 6th Circuit Vacates, Remands Disability Suit, Says District Court Lacked Jurisdiction
Posted on 13 Sep 2019 by Mealeys

CINCINNATI - A district court erred in denying a disability claimant's motion to remand because the amount in controversy did not exceed the federal jurisdictional minimum amount of $75,000, the Sixth Circuit U.S. Court of Appeals said Sept. 11 in... Read More

Mealey's Labor & Employment - Appeals Court: Plan Bars Rights Assignment; ERISA Preempts Tennessee Health Law
Posted on 13 Sep 2019 by Mealeys

NEW ORLEANS - A district court erred in finding ambiguous an anti-assignment provision in an Employee Retirement Income Security Act plan and that Tennessee law making insurers liable to third-party providers necessarily implicates the plan and is preempted... Read More

Mealey's Labor & Employment - Petitioners: Affirmance Would Give 'Carte Blanche' To Fiduciaries
Posted on 13 Sep 2019 by Mealeys

WASHINGTON, D.C. - Breaches of fiduciary duty that deplete plan assets are actionable regardless of whether they put a plan at imminent risk of default, two petitioners tell the U.S. Supreme Court in a Sept. 11 brief on the merits (James J. Thole, et... Read More

Mealey's Labor & Employment - Hawaii Statutes Do Not Expand Scope Of Liability Under ERISA; No Reimbursement Owed
Posted on 13 Sep 2019 by Mealeys

HONOLULU - The Ninth Circuit U.S. Court of Appeals on Sept. 11 affirmed a district court's ruling that two Hawaii statutes that prohibit a health insurer's subrogation rights are not preempted under the Employee Retirement Income Security Act... Read More