LexisNexis® Legal Newsroom
Mealey's Labor & Employment - U.S. High Court Won't Disturb 5th Circuit's Ruling In Widow's Life Insurance Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 27 denied a petition for writ of certiorari filed by a widow seeking to have the high court reverse a determination that she was not entitled to the proceeds of a life insurance policy issued to her husband by his former employer, Wal-Mart Stores Inc...

Mealey's Labor & Employment - Former Employee Fails To Show Pension Plan Is Not 'Top-Hat' Plan, Panel Affirms

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 24 affirmed a lower federal court's finding that the former employee of the University of Pittsburgh Medical Center cannot recover pension benefits under the Employee Retirement Income Security Act because he sought benefits under a top...

Mealey's Labor & Employment - Starbucks Meal Break Class Suit Survives Dismissal Motion Despite Delay In Service

SAN DIEGO - A California federal judge on Nov. 21 declined to dismiss a class suit challenging Starbucks Corp.'s meal break practice despite a months-long delay in serving the summons on the defendant, finding that the delay was not so long as to warrant dismissal (Kileigh Carrington, et al. v. Starbucks...

Mealey's Labor & Employment - U.S. High Court Hears Dodd-Frank Whistleblower Oral Arguments

WASHINGTON, D.C. - The statutory definition of whistleblower applies to the anti-retaliation provision of the Dodd-Frank Act, Kannon K. Shanmugam of Williams & Connolly in Washington, counsel for Digital Realty Trust Inc., told the U.S. Supreme Court justices during oral argument on Nov. 28 (Digital...

Mealey's Labor & Employment - Pension Plan Participant Files Response To Petition, Says High Court Should Deny Review

WASHINGTON, D.C. - In a Nov. 27 response brief, a pension plan participant urges the U.S. Supreme Court to deny a petition for writ of certiorari filed by a group of affiliated brokers who manage funds on behalf of the pension plan on the basis that the Second Circuit U.S. Court of Appeals correctly...

Mealey's Labor & Employment - New York Federal Judge Grants Plan Participants' Motion For Class Certification

NEW YORK - A New York federal judge on Nov. 27 granted a motion for class certification filed by plaintiffs alleging that a retirement plan's administrative and investment committees breached their fiduciary duties by selecting company-affiliated mutual funds as plan investments rather than other...

Mealey's Labor & Employment - 2 Of 3 Joint Employers Will Pay $5.6 Million To Settle Class' Wage Claims

SAN FRANCISCO - A California federal magistrate judge on Nov. 27 granted preliminary approval of a $5.6 million settlement to be paid by two of three joint employers to end wage-and-hour claims brought by a class of workers, finding the settlement terms fair and reasonable and free of obvious deficiencies...

Mealey's Labor & Employment - DOL Extends Transition Period For Fiduciary Rule Exemptions

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) announced on Nov. 27 an 18-month extension of the special transition period for the Fiduciary Rule's Best Interest Contract Exemption and the Principal Transactions Exemption as well as the applicability of certain amendments to Prohibited Transaction...

Mealey's Labor & Employment - Amazon Fulfillment Center Fails To Provide Full Pay, Breaks, Class Suit Alleges

SACRAMENTO, Calif. - A Sacramento fulfillment center for Amazon.com regularly schedules employees to work shifts that are 10 hours or longer and fails to provide the workers with pay for their entire shifts and a third rest break, one of the employees alleges in a class complaint filed Nov. 27 in the...

Mealey's Labor & Employment - Disabled Retiree Asks U.S. High Court To ReviewERISA Forum-Selection Dispute

WASHINGTON, D.C. - A retiree seeking reinstatement of his terminated health benefits under the Employee Retirement Income Security Act and asking the U.S. Supreme Court to decide a forum-selection dispute is not likely to have his petition for writ of certiorari granted and so no stay should be issued...

Mealey's Labor & Employment - 5th Circuit Upholds Ruling For Landscaping Company Accused Of Retaliatory Firing

NEW ORLEANS - A landscaping supervisor who alleges that he was terminated after alleging that he was shorted pay failed to show that he engaged in any activities protected by Title VII of the Civil Rights Act of 1964, a Fifth Circuit U.S. Court of Appeals panel ruled Nov. 28, affirming the summary judgment...

Mealey's Labor & Employment - 4th Circuit: Airline Agent Failed To Prove Any Bias In His Firing After An Error

RICHMOND, Va. - An airline ground control agent, who was already on the final level of discipline and contributed to a communication breakdown that led to the overbooking of a plane and resulting delay, was unable to show that his termination was due to age or race discrimination, a Fourth Circuit U...

Mealey's Labor & Employment - Negligence Claim For Practice Of Medicine Without License Is Preempted By ERISA, Judge Says

LEXINGTON, Ky. - A Kentucky federal judge on Nov. 28 determined that a plaintiff's claim for negligence per se for the practice of medicine without a license based on a defendant's certification of information about the plaintiff's disability without approval from the plaintiff's doctor...

Mealey's Labor & Employment - 6th Circuit Upholds Ruling For GM In Employee's Religious Bias Suit

CINCINNATI - An employee who was suspended after allegedly threatening his supervisor failed to show that the employer's given reason was pretextual and that the real reason was because of his religious beliefs that prevented him from working on Saturdays, his degenerative joint disease and an earlier...

Mealey's Labor & Employment - Magistrate Judge Recommends Dismissing Back Surgery Health Care Coverage Action

DENVER - A woman's ERISA suit seeking $377,233.50 for multilevel fusion surgery fails, first because the doctor who performed the procedure failed to exhaust administrative remedies and because the insured has not shown that her insurer erred in denying coverage sought by other doctors, a federal...

Mealey's Labor & Employment - 3rd Circuit Overturns Barnes, Issues New Ruling On Seafarers' Contracts

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel of 12 judges on Dec. 4 overruled its decision in Barnes v. Andover Co., L.P. and held that where a seafarer freely enters a union contract, courts may not review that contract piecemeal unless there is evidence that the collective bargaining...

Mealey's Labor & Employment - U.S. High Court Denies Pro Se Petition By Casino Worker Alleging Harassment

WASHINGTON, D.C. - A Las Vegas casino worker who filed a second pro se complaint against her employer alleging harassment after her first was dismissed with prejudice failed to convince the U.S. Supreme Court to hear her appeal; her petition was denied Dec. 4 (Adrienne A. Burch v. Bellagio Hotel and...

Mealey's Labor & Employment - U.S. Supreme Court Won't Rule On USERRA Actions In State Court

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari filed by a Virginia state police trooper who claims that he was improperly denied a promotion due to his military service (Jonathan R. Clark v. Virginia Department of State Police, No. 16-1043, U.S. Sup.).

Mealey's Labor & Employment - Magistrate Approves Modified Settlement Agreement In FLSA Dispute With Franchisor

ROCHESTER, N.Y. - A federal magistrate judge in New York on Dec. 1 approved employees' motion for final approval of a modified $1.7 million class action settlement that increased the payout to the class members in a lawsuit alleging that their franchisor and franchisee employers violated the Fair...

Mealey's Labor & Employment - 1st Circuit Panel Finds Muslim School Teacher Failed To Prove Religious Bias

BOSTON - A school teacher who converted to Islam the same year she began teaching in a Massachusetts city and alleges that more than a decade later she became the target of hostile treatment after she started wearing a headscarf at work failed to show that the city's reasons for her adverse employment...

Mealey's Labor & Employment - Dave & Buster's $7.4M ERISA Settlement Denied By New York Federal Judge

NEW YORK - A New York federal judge, in an order filed Dec. 1, declined preliminary approval of a class settlement worth up to $7,425,000 offered by Dave & Buster's Inc. to end claims that the nationwide restaurant/entertainment chain violated the Employee Retirement Income Security Act by reducing...

Mealey's Labor & Employment - Judge Permits ACA, ERISA Claims Challenging Insurer's Lactation Services Coverage

CHICAGO - Three women may largely proceed with their class action claiming that their health insurance company erected insurmountable barriers rendering it impossible to procure in-network lactation services and imposed illegal cost-sharing on out-of-network services in violation of the Patient Protection...

Mealey's Labor & Employment - State Law Claims Do Not Escape ERISA Preemption, 5th Circuit Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Dec. 4 affirmed a lower court's ruling that a claimant's state law claims against a life insurer are preempted by the Employee Retirement Income Security Act, finding that ERISA's savings clause does not permit state law claims seeking...

Mealey's Labor & Employment - Panel Says Plan Participant Could Recover Premiums If There Was A Plan Violation

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 6 reversed and remanded a district court's dismissal of a health care plan participant's claim seeking to recover premiums paid under the plan after determining that a restitutionary claim for premiums under the Employee Retirement...

Mealey's Labor & Employment - Illinois Federal Judge Dismisses All State Law Claims In 'Church Plans' Class Suit

CHICAGO - Plaintiffs' attempt to bring alternative claims under state law in an Employee Retirement Income Security Act class suit that alleges that two defined-benefits plans were improperly classified as "church plans" creates an "absolute conflict," an Illinois federal judge...