LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 11th Circuit: J.C. Penney Manager Failed To Show No Promotion Was Biased

ATLANTA - A loss prevention manager employed by a retail chain who was denied a promotion two years in a row failed to show that the decisions constituted racial discrimination, an 11th Circuit U.S. Court of Appeals panel ruled May 4 (Sherwin Fraser v. J.C. Penney Corporation, Inc., No. 17-13262, 11th...

Mealey's Labor & Employment - D.C. Circuit: Clarification By NLRB Needed In Suit Over Dancer's Firing

WASHINGTON, D.C. - The National Labor Relations Board (NLRB) must clarify its treatment of an administrative law judge's credibility finding in a dispute over a dancer's firing after she spoke up about pay and working conditions, a District of Columbia Circuit U.S. Court of Appeals panel ruled...

Mealey's Labor & Employment - Jury Awards Former Allstate Employee More Than $18.6M In Wrongful Termination Suit

SAN DIEGO - A California jury in a two-phased verdict issued May 3 and May 4 awarded a former insurance company field sales leader more than $18.6 million on claims that he was wrongfully fired following criminal charges that he claimed were filed falsely and were ultimately dropped (Michael A. Tilkey...

Mealey's Labor & Employment - Fire District To High Court: ADEA's Worker Minimum Applies To Political Subdivision

WASHINGTON, D.C. - The Age Discrimination in Employment Act's (ADEA) Section 630(b) 20-employee minimum that applies to private employers also applies to state agencies and political subdivisions of the state, an Arizona fire district argues in its petitioner brief filed May 7 in the U.S. Supreme...

Mealey's Labor & Employment - D.C. Circuit: Union Membership Revocation Requirements Violate The Labor Act

WASHINGTON, D.C. - A new policy implemented by a union requiring members to appear in person with a photo identification and written request to revoke their membership or opt out of dues deduction violates the National Labor Relations Act (NLRA) by restricting members' rights, a District of Columbia...

Mealey's Labor & Employment - Department Of Labor Announces Temporary Enforcement Policy As To 'Fiduciary Rule'

WASHINGTON, D.C. - Following a majority of the Fifth Circuit U.S. Court of Appeals' ruling that vacated the U.S. Department of Labor's 2016 "fiduciary rule," the DOL on May 7 issued Field Assistance Bulletin No. 2018-02, announcing a temporary enforcement policy related to its rule...

Mealey's Labor & Employment - Judge: Expert's Opinions On Age Bias Amount To Inadmissible Legal Deductions

RICHMOND, Va. - A human resources expert for a woman alleging that her former employer discriminated against her because of her age cannot testify in the case because the expert's opinions are "impermissible legal conclusions" with no reliable methodology supporting them, a Virginia federal...

Mealey's Labor & Employment - 3rd Circuit Affirms Retiree Medical Benefits Properly Terminated

PHILADELPHIA - A Pennsylvania federal judge did not err in granting a retirement plan summary judgment on allegations that it breached its fiduciary duty when ending medical benefits for a retiree who violated a plan provision relating to continued work in the construction industry, the Third Circuit...

Mealey's Labor & Employment - Plan Participants Fail To State Claim for Breach Of Duty To Diversify, Judge Says

HOUSTON - A Texas federal judge on May 9 granted a motion to dismiss filed by the defendants in a class action alleging that a retirement plan breached its duty to diversify and its duty of prudent following a spinoff of the company because the plan did not mandate that the participants' assets remain...

Mealey's Labor & Employment - Claims Trimmed, Class Certified In Computer Tech's Age Bias Case

NORFOLK, Va. - A Virginia federal judge on May 9 issued two separate opinions, one granting conditional certification and the second partially granting dismissal in a complaint brought by a former Virginia school district computer specialist who alleges that a decision to force all specialists to reapply...

Mealey's Labor & Employment - U.S. High Court Will Decide Railroad Worker's Dispute Over Taxes On Lost Wages

WASHINGTON, D.C. - The U.S. Supreme Court on May 14 agreed to hear an appeal over the payment of employment taxes under the Railroad Retirement Tax Act (RRTA) on a railroad's payment to a worker for time lost from work due to work-related injuries (BNSF Railway Company v. Michael D. Loos, No. 17...

Mealey's Labor & Employment - Citing Ambiguity, Factual Disputes, 6th Circuit Remands Retirement Plan Case

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 10 weighed in on a longstanding dispute between retirees and their retirement plan, writing that because it "cannot discern the contours of the parties' intent" from plan language relating to early retirement reductions for post...

Mealey's Labor & Employment - Employers Escape Transgender Discrimination Case; ACA Claim Dismissed

MADISON, Wis. - Direct employers are not subject to liability in a case alleging discrimination against transgender individuals in the provision of health insurance, but claims against the providers of that insurance may proceed and the plaintiffs may amend their Patient Protection and Affordable Care...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear ERISA Appeal Over Out-Of-Network Services

WASHINGTON, D.C. - The U.S. Supreme Court on May 14 denied a petition for writ of certiorari filed by an out-of-network health care provider denied coverage by an Employee Retirement Income Security Act administrator for more than $11 million in claims that was seeking a ruling on two ERISA-related issues...

Mealey's Labor & Employment - 11th Circuit Rejects Sexual Orientation Bias Claim Under Title VII

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on May 10 reaffirmed the precedent established in Evans v. Ga. Regional Hospital, 850 F.3d 1248, 1255 (11th Cir. 2017), and ruled that Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., does not cover bias based on sexual orientation...

Mealey's Labor & Employment - Panel Refuses To Reconsider If Amendment To Pension Plan Violated Anti-Cutback Rule

CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 10 rejected a petition to reconsider its finding that an amendment to a pension plan's calculation of retirement income credits does not violate the Employee Retirement Income Security Act's anti-cutback rule (James P. Teufel v. The Northern...

Mealey's Labor & Employment - Former Casino Dealer Disputes Magistrate's Ruling In Worker Class Action

ASHEVILLE, N.C. - A magistrate judge erred in recommending dismissal of a former casino employee's wage-and-hour class claims based on the employer's connection to an Indian tribe, the ex-worker says in a May 11 objection to the magistrate judge's memorandum and recommendation in North Carolina...

Mealey's Labor & Employment - Lyft Hit With Driver Class Suit Claiming Deceptive Payment Practices

SAN FRANCISCO - Lyft Inc., an app-based taxi service, has deceived and violated California's unfair competition law (UCL) by misrepresenting and changing fare practices, one driver alleges in his May 10 class complaint filed in the U.S. District Court for the Northern District of California (Fernando...

Mealey's Labor & Employment - Split Montana High Court Upholds Class Denial In Background Checks Suit

HELENA, Mont. - A trial court didn't err when it found that a woman who sued a company performing background checks over the inclusion of obsolete information in checks carried out for potential employers failed to satisfy the element of superiority under Montana Rule of Civil Procedure 23(b)(3)...

Mealey's Labor & Employment - 3rd Circuit: Anti-Assignment Provision Bars ERISA Health Insurance Suit

PHILADELPHIA - Anti-assignment provisions in health insurance contracts are enforceable and bar a provider's Employee Retirement Income Security Act suit, the Third Circuit U.S. Court of Appeals held May 16 (American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield, et al....

Mealey's Labor & Employment - Wells Fargo Will Appeal $97 Million Rest Break Award For Mortgage Consultants Class

LOS ANGELES - Wells Fargo Bank N.A. filed a notice of appeal on May 15, a week after a California federal judge awarded a class of Wells Fargo Bank N.A. home mortgage consultants (HMCs) more than $97 million in damages on claims that they were denied rest breaks and a derivative California's unfair...

Mealey's Labor & Employment - Courier Asserts UCL, PAGA Claims Against Delivery Service In California Court

SAN FRANCISCO - A delivery courier on May 15 filed a class action complaint against a same-day delivery courier service in a California state court, alleging that it violated California's unfair competition law (UCL) and labor code when it misclassified employees as independent contractors (Raef...

Mealey's Labor & Employment - Split U.S. Supreme Court Upholds Class Action Waivers In Arbitration Agreements

WASHINGTON, D.C. - A sharply divided U.S. Supreme Court ruled 5-4 on May 21 in three consolidated cases that arbitration agreements barring class action proceedings must be enforced (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v...

Mealey's Labor & Employment - Panel Says Benefits Are Owed For Amputation Caused By Auto Accident

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 16 reversed a district court's ruling that no benefits are owed under an accidental dismemberment plan after determining that the plan participants met their burden of proving that the amputation of a participant's leg was caused...

Mealey's Labor & Employment - States Seek Reconsideration Of Motions To Intervene In DOL Fiduciary Rule Dispute

NEW ORLEANS - California, New York and Oregon on May 16 moved for reconsideration of a majority of the Fifth Circuit U.S. Court of Appeals' denial of their motion to intervene in a dispute over the U.S. Department of Labor's "fiduciary rule," contending that they will suffer "grave...