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Mealey's Labor & Employment - 11th Circuit Rejects Appeals By Unnamed Former Dukes Plaintiffs As Untimely, Moot

ATLANTA - Unnamed plaintiffs in a suit stemming from Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), that alleged gender discrimination and sought certification of regional classes, filed an untimely appeal of the dismissal of class claims, an 11th Circuit U.S. Court of Appeals panel ruled Aug....

Mealey's Labor & Employment - 1st Circuit Panel Allows Alter-Ego Claims Against Transport Firm To Proceed

BOSTON - A First Circuit U.S. Court of Appeals panel on Aug. 2 said an Employee Income Retirement Security Act case against a transportation company that is an alleged alter ego of a defunct transportation company that owes withdrawal liability can proceed, saying it is well established in First Circuit...

Mealey's Labor & Employment - Petition For Cert Planned On 9th Circuit's Split Ruling In Tribal Jurisdiction Row

SAN FRANCISCO - The question of whether tribal courts have jurisdiction over an employment dispute involving two public schools located on tribal land is heading to the U.S. Supreme Court, according to an amended Ninth Circuit U.S. Court of Appeals opinion filed Aug. 3 and a previous order staying judgment...

Mealey's Labor & Employment - D.C. Circuit Refuses Enforcement Of NLRB's Fred Meyer Union Ruling

WASHINGTON, D.C. - Calling a ruling by the National Labor Relations Board (NLRB) on a dispute between a retailer and its employees' union "a complete failure to reasonably reflect upon the information contained in the record and grapple with contrary evidence," a District of Columbia Circuit...

Mealey's Labor & Employment - 5th Circuit Orders Trial Court To Decide Fluctuating Workweek Application At Trial

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 4 reversed the dismissal of two plaintiffs in an overtime suit, finding that the applicability of the fluctuating workweek method must be decided at trial as alternating hours, as claimed by the plaintiffs, does not necessarily qualify...

Mealey's Labor & Employment - 3rd Circuit Reinstates Race Bias Suit Due To Court's 'Significant Procedural Defect'

PHILADELPHIA - A trial court's treatment of a motion to enforce in a racial bias suit that was reviewed by a federal magistrate judge constituted a "significant procedural defect" under the Federal Magistrates Act, the Third Circuit U.S. Court of Appeals ruled Aug. 2, vacating the trial...

Mealey's Labor & Employment - 7th Circuit Finds Chicago Officers' Overtime Suit Fails For Never Requesting Pay

CHICAGO - Chicago police officers who filed a collective action claiming that they were denied pay for time spent checking their electronic devices failed to show that they requested such payment and were denied it, the Seventh Circuit U.S. Court of Appeals ruled Aug. 3, upholding a trial court's...

Mealey's Labor & Employment - Unopposed Motion Filed Seeking $42.5M Settlement Of Church Plan Lawsuit

NEWARK, N.J. - The plaintiffs in a consolidated Employee Retirement Income Security Act class action against a health care provider on Aug. 3 filed an unopposed motion for preliminary approval of a $42.5 million class action settlement agreement with the provider (Donna Garbaccio, et al. v. St. Joseph's...

Mealey's Labor & Employment - 8th Circuit Panel Says ERISA Plan Can Bring Claim Against Blanket Insurer

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 3 ruled that an Employee Retirement Income Security Act plan can bring a declaratory judgment claim to enforce the plan's coordination of benefits provision against a blanket insurer in a dispute over whether the plan or the insurer...

Mealey's Labor & Employment - 9th Circuit Finds Nordstrom Employees Failed To Show They Had To Work 7 Days A Week

PASADENA, Calif. - Two workers who claimed that their employer, Nordstrom Inc., violated California law failed to show that they were forced to work more than six consecutive days in any one work week, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Christopher Mendoza, et al. v. Nordstrom...

Mealey's Labor & Employment - Split Panel Remands CNN Joint Employer Finding, Upholds Successor Employer Finding

WASHINGTON, D.C. - A split District of Columbia Circuit U.S. Court of Appeals panel on Aug. 4 denied enforcement of a National Labor Relations Board's (NLRB) finding that CNN America Inc. was a joint employer of technicians hired by a contractor because the NLRB failed to explain its reasoning, but...

Mealey's Labor & Employment - 11th Circuit: Arbitration Agreement Signed After Class Suit Is Valid

ATLANTA - An arbitration agreement signed by an employee after he already filed a class complaint against his employer over a background check is valid and prevents the lawsuit from proceeding, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (William Jones, et al. v. Waffle House, Inc., et al., No...

Mealey's Labor & Employment - New York Federal Judge Tosses Age Discrimination Claims Against Hotel Group

NEW YORK - A New York federal judge on Aug. 4 granted a motion to dismiss age discrimination claims against a hotel group, saying that the plaintiff failed to state any facts that would support an argument that the defendant acted with discriminatory intent (Gregory Rooney v. VHM LLC, et al., No. 16...

Mealey's Labor & Employment - Pennsylvania Federal Judge Says 401(k) Lawsuit Cannot Proceed As Class Action

PHILADELPHIA - A Pennsylvania federal judge on Aug. 7 ruled in an issue of first impression for the Third Circuit that a 401(k) plan participant's lawsuit against a company, its retirement plan and its administrators may not proceed as a class action because the plaintiff has failed to allege that...

Mealey's Labor & Employment - Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing

CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and...

Mealey's Labor & Employment - 7th Circuit Panel Affirms Woman's Illinois State Law Claims Preempted By ERISA

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 10 affirmed that a woman's Illinois state law wage claim is completely preempted by the Employee Retirement Income Security Act because she could have brought her claim under ERISA and because her claims did not implicate a legal duty...

Mealey's Labor & Employment - Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court

SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving...

Mealey's Labor & Employment - Split 7th Circuit Panel: ERISA Plan Forum-Selection Clauses Enforceable

CHICAGO - A split Seventh Circuit U.S. Court of Appeals panel on Aug. 10 denied a petition for writ of mandamus asking it to transfer an Employee Retirement Income Security Act lawsuit back to Pennsylvania federal court, ruling in a case of first impression for the circuit that a forum-selection clause...

Mealey's Labor & Employment - 7th Circuit Upholds Ruling For Cosmetology School In Wage Suit By Students

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 14 upheld a trial court's summary judgment ruling for a chain of cosmetology schools sued by a proposed class of students seeking wages for time spent in the schools' salons (Venitia Hollins v. Regency Corporation, et al., No. 15-3607...

Mealey's Labor & Employment - Wage Class Suit Parties Ordered To Accept Surveys Filed Up To 1 Month Late

CLEVELAND - The parties in a class suit over the misclassification of door-to-door salespeople that ended with a jury finding for the plaintiffs on the issue of liability for unpaid wages must accept surveys regarding the hours the affected employees worked during the overtime pay period that were filed...

Mealey's Labor & Employment - 2nd Circuit: Pension Plan Amendment Didn't Violate Anti-Cutback Provision

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Aug. 14 affirmed that an amendment to a pension plan did not violate the anti-cutback provision of the Employee Retirement Income Security Act because the amendment did not decrease a participant's accrued benefits (Vincent Morrone v. The...

Mealey's Labor & Employment - Lyft Driver Files Class Complaint Alleging Underpaid Wages

TRENTON, N.J. - A driver for Lyft Inc., a transportation service ordered by customers via a mobile phone application, filed a class complaint on Aug. 15 in New Jersey federal court accusing Lyft of misrepresenting to drivers the fares being paid by riders and, as a result, paying drivers less than the...

Mealey's Labor & Employment - 11th Circuit Vacates Ruling Relating To Labs' Claims Over Self-Funded Plans

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 14 vacated a Florida federal judge's dismissal of laboratory companies' claims relating to self-funded health care plans, saying that the contractual question of whether an assignment of benefits covers self-funded plans is best addressed...

Mealey's Labor & Employment - 6th Circuit: Nursing Home's Management Company Isn't Liable For WARN Act Violations

CINCINNATI - A management company that was hired to turn around a nursing home suffering from health and safety violations, but failed to do so, is not liable for Worker Adjustment and Retraining Notification (WARN) Act violation claims brought by a class of employees because it was not the employer...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Dismissal Of Lawsuit On Statute Of Limitations Grounds

BOSTON - A Second Circuit U.S. Court of Appeals panel on Aug. 22 affirmed a Connecticut federal judge's dismissal of a lawsuit brought by a participant in a health care benefit plan covered by the Employee Retirement Income Security Act who did not promptly receive requested documents pertaining...