Mealeys

Recent Posts

Mealey's Labor & Employment - Judge Stays ERISA Case Pending U.S. High Court Ruling On Standing Issue
Posted on 14 Feb 2020 by Mealeys

BROOKLYN, N.Y. - A federal judge in New York on Feb. 13 stayed a lawsuit accusing a captive reinsurer and home health employers of a scheme to cheat home health aides out of lost wages and benefits pending the U.S. Supreme Court's decision in a case... Read More

Mealey's Labor & Employment - 2nd Circuit Denies Rehearing On Benefit Recalculation Ruling
Posted on 14 Feb 2020 by Mealeys

NEW YORK - A Second Circuit U.S. Court of Appeals panel in a Feb. 12 one-page order denied a plan administrator's petition for panel rehearing or rehearing en banc of a finding that the Employee Retirement Income Security Act allows for the reformation... Read More

Mealey's Labor & Employment - California High Court Finds Security Check Waiting Time Compensable
Posted on 14 Feb 2020 by Mealeys

LOS ANGELES - The California Supreme Court on Feb. 13 ruled that time spent waiting for and undergoing exit searches is compensable under California Industrial Welfare Commission Wage Order No. 7, answering a question certified by the Ninth Circuit U... Read More

Mealey's Labor & Employment - EEOC Sues Connecticut Hospital Over 'Late Career' Eye, Neuropsychological Tests
Posted on 13 Feb 2020 by Mealeys

NEW HAVEN, Conn. - The Equal Employment Opportunity Commission on Feb. 11 sued a Connecticut hospital in federal court, claiming that its policy requiring individuals 70 and older to undergo ophthalmologic and neuropsychological examinations when seeking... Read More

Mealey's Labor & Employment - Hotel Franchisor Awarded Summary Judgment In Unpaid Overtime Class Action
Posted on 11 Feb 2020 by Mealeys

PHILADELPHIA - A hotel franchisor was awarded summary judgment by a federal judge in Pennsylvania on Feb. 6 in a suit brought by a former housekeeper accusing it of failing to pay overtime wages in violation of the Fair Labor Standards Act (FLSA) and... Read More

Mealey's Labor & Employment - Union Company's Affiliates Not Required To Contribute To Employee Benefit Funds
Posted on 11 Feb 2020 by Mealeys

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 7 affirmed a district court's ruling that the trustees of three employee benefit funds failed to prove that a union company's corporate affiliates are liable under collective bargaining... Read More

Mealey's Labor & Employment - 3rd Circuit: Ordinance Barring Wage Inquiry Doesn't Violate 1st Amendment
Posted on 10 Feb 2020 by Mealeys

PHILADELPHIA - Neither the reliance provision nor the inquiry provision of an ordinance enacted by the city of Philadelphia barring employers from asking a prospective employee about their wage history when negotiating that employee's wage violates... Read More

Mealey's Labor & Employment - 10th Circuit Finds Prison Officers' Pre-, Post-Shift Activities Are Compensable
Posted on 7 Feb 2020 by Mealeys

DENVER - Prison officers' pre- and post-shift tasks that include a security screening, briefings, retrieving and returning keys and equipment and walking to and from posts are compensable, a 10th Circuit U.S. Court of Appeals panel ruled Feb. 4, reversing... Read More

Mealey's Labor & Employment - 2nd Circuit: Migraines That Prevented Performance Of 1 Job Are Not A Disability
Posted on 7 Feb 2020 by Mealeys

NEW YORK - Migraines that were allegedly caused by work-related stress that an employee alleged prevented him from performing a single job do not constitute "a substantial limitation," a Second Circuit U.S. Court of Appeals panel ruled Feb.... Read More

Mealey's Labor & Employment - 10th Circuit: FELA Requires Showing Of Safe Workplace, Not Safest Possible
Posted on 7 Feb 2020 by Mealeys

DENVER - A railway worker who was injured while checking the contents of railcars failed to show that the workplace provided by his employer violated the Federal Employers Liability Act (FELA), a 10th Circuit U.S. Court of Appeals panel ruled Feb. 5,... Read More

Mealey's Labor & Employment - Volkswagen Agrees To Policy Changes To Settle Age Bias Collective, Class Claims
Posted on 6 Feb 2020 by Mealeys

CHATTANOOGA, Tenn. - A federal judge in Tennessee on Feb. 3 granted preliminary approval of a collective and class action settlement of age bias charges against Volkswagen Aktiengesellschaft (Volkswagen AG) and its subsidiaries through which the employer... Read More

Mealey's Labor & Employment - Bar Association, State Board Of Law Examiners Officials Argue Against High Court Review
Posted on 5 Feb 2020 by Mealeys

WASHINGTON, D.C. - An attorney asking the high court to consider whether state bar association mandatory fees are subject to the same scrutiny outlined in Janus v. AFSCME and whether an automatic collection of fees until an attorney opts out violates... Read More

Mealey's Labor & Employment - Catholic Schools To High Court: 9th Circuit Erred With Ministerial Exception Rule
Posted on 5 Feb 2020 by Mealeys

WASHINGTON, D.C. - The Ninth Circuit's decision to impose a new "rigid" ministerial exception test - under which religious functions alone are not enough for the exception to apply - in two cases involving Catholic schools and former teachers... Read More

Mealey's Labor & Employment - Disability Claimant Did Not Meet Burden Of Proof, Appeals Panel Affirms
Posted on 4 Feb 2020 by Mealeys

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Feb. 3 affirmed a district court's ruling in favor of a disability insurer after determining that the lower court did not abuse its discretion by limiting its review of a long-term disability... Read More

Mealey's Labor & Employment - 8th Circuit Panel Says Service Provider Is Fiduciary Under 401(k) Plan
Posted on 4 Feb 2020 by Mealeys

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Feb. 3 reversed a district court's ruling that a service provider for a 401(k) plan is not a fiduciary after determining that the service provider is a fiduciary because the service provider... Read More