Mealeys

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Mealey's Labor & Employment - Question Of Fact Exists As To Whether Claimant Can Perform Other Occupations
Posted on 12 Jul 2019 by Mealeys

BRIDGEPORT, Conn. - A Connecticut federal judge on July 9 determined that a trial must be scheduled in a disability benefits suit because a question of fact exists as to whether the claimant can become qualified for the occupations identified by the disability... Read More

Mealey's Labor & Employment - Deferred Compensation Plan Dispute Preempted By ERISA, Panel Says
Posted on 12 Jul 2019 by Mealeys

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 10 concluded that bonuses deferred under a separate agreement do not transform a deferred compensation plan into a bonus plan exempt from Employee Retirement Income Security Act scrutiny (Dan... Read More

Mealey's Labor & Employment - Disability Insurer's Denial Of Benefits Was Not Abuse Of Discretion, Panel Says
Posted on 10 Jul 2019 by Mealeys

ST. LOUIS - A district court did not err in granting a disability insurer's motion for summary judgment because the insurer's denial of benefits is supported by the medical evidence in the administrative record, the Eighth Circuit U.S. Court of... Read More

Mealey's Labor & Employment - PBGC Files Opposition Brief In Dispute Over ERISA Successor Liability
Posted on 10 Jul 2019 by Mealeys

WASHINGTON, D.C. - After initially waiving its right to respond, Pension Benefit Guaranty Corp. (PBGC) on July 3 filed an opposition brief with the U.S. Supreme Court in which it argues that the Sixth Circuit U.S. Court of Appeals' holding that the... Read More

Mealey's Labor & Employment - 6th Circuit Affirms No New Trial After Verdict For Board In Age Bias Suit
Posted on 10 Jul 2019 by Mealeys

CINCINNATI - A Tennessee federal court didn't err when it excluded testimony in an age bias lawsuit and then denied a motion for a new trial following a jury verdict for the employer in the lawsuit brought by a former educator, a Sixth Circuit U.S... Read More

Mealey's Labor & Employment - D.C. Circuit Remands Union Bargaining Case For Judicial Estoppel Consideration
Posted on 10 Jul 2019 by Mealeys

WASHINGTON, D.C. - The National Labor Relations Board misapplied New Hampshire v. Maine when it found that the doctrine of judicial estoppel didn't apply to a case where a union asking the NLRB to assert jurisdiction over its relationship with an... Read More

Mealey's Labor & Employment - Judge Finds Fired Employees Spoliated Evidence, Dismisses Age Discrimination Suit
Posted on 9 Jul 2019 by Mealeys

FORT SMITH, Ark. - Two employees fired for data security flaws failed to establish that their terminations were due to age discrimination, an Arkansas federal judge ruled July 3, granting summary judgment to their former employer after also finding that... Read More

Mealey's Labor & Employment - 8th Circuit: Terms Allowed ERISA Plan To Seek Reimbursement From Member
Posted on 9 Jul 2019 by Mealeys

ST. PAUL, Minn. - Terms of an Employee Retirement Income Security Act plan contained in the summary plan description (SPD) permitted the plan to seek reimbursement of health benefits paid to a member for injuries caused by another after that party's... Read More

Mealey's Labor & Employment - 5th Circuit In Overtime Rule Suit: Worker, Attorneys Weren't In Privity With DOL
Posted on 9 Jul 2019 by Mealeys

NEW ORLEANS - A Texas federal court erred in finding that a former New Jersey Mexican fast food chain worker and her attorneys were in contempt of a court's injunction against the U.S. Department of Labor (DOL) when they sued for wages under the Fair... Read More

Mealey's Labor & Employment - 6th Circuit Partially Enforces NLRB Order After Employer Alters Benefits
Posted on 9 Jul 2019 by Mealeys

CINCINNATI - An energy supplier violated the National Labor Relations Act (NLRA) when it cherry picked which collective bargaining agreement (CBA) changes from its last offer before reaching an impasse with the union representing its employees to put... Read More

Mealey's Labor & Employment - Dismissal Of Delinquent Exit Contribution Request Was Error, Panel Says
Posted on 9 Jul 2019 by Mealeys

RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on July 3 reversed and remanded a Virginia federal judge's dismissal of allegations that an employer is obligated to pay an exit contribution to a pension fund (Board of Trustees... Read More

Mealey's Labor & Employment - 9th Circuit Denies Rehearing Leaving Prohibited Self- Dealing Ruling Untouched
Posted on 8 Jul 2019 by Mealeys

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on July 2 denied a 401(k) plan sponsor's petition for rehearing or rehearing en banc, leaving in place its April 23 decision upholding a California federal judge's determination that... Read More

Mealey's Labor & Employment - No New Trial On ERISA Claims Against New York University
Posted on 8 Jul 2019 by Mealeys

NEW YORK - A July 2018 rejection of allegations New York University (NYU) made imprudent investments in a 403(b) employee benefit plan should stand, according to a July 1 ruling by a New York federal judge to whom the case has since been reassigned (Dr... Read More

Mealey's Labor & Employment - 5th Circuit: Intake Questionnaire With State Doesn't Constitute Timely EEOC Filing
Posted on 8 Jul 2019 by Mealeys

NEW ORLEANS - An employee's intake questionnaire filed with a state agency indicating retaliation and bias that was later forwarded to the Equal Employment Opportunity Commission was an insufficient charge of discrimination as it did "not contain... Read More

Mealey's Labor & Employment - 9th Circuit Reinstates Class Suit Against Nike Seeking Wages For Inspections
Posted on 2 Jul 2019 by Mealeys

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 28 reversed a summary judgment ruling for Nike Retail Services Inc. in a class suit seeking compensation for exit inspections, ruling that the legal landscape changed with the California... Read More