LexisNexis® Legal Newsroom
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...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Security Officer's Sexual Orientation Bias Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 declined to hear an appeal by a former hospital security officer seeking sexual orientation discrimination protection under Title VII of the Civil Rights Act of 1964 (Jameka K. Evans v. Georgia Regional Hospital, et al., No. 17-370, U.S. Sup.).

Mealey's Labor & Employment - United States Tells U.S. Supreme Court To Overrule Abood

WASHINGTON, D.C. - Abood v. Detroit Board of Education, 431 U.S. 209 (1977), must be overturned because upholding the ruling compels "subsidization of union speech for political or ideological causes" in violation of the First Amendment to the U.S. Constitution, the United States argues in...

Mealey's Labor & Employment - 4 Class Representatives Object To J.P. Morgan ERISA $75M Settlement

NEW YORK - Four class representatives in a New York federal lawsuit accusing J.P. Morgan Chase & Co. (JPMC) of violating the Employee Retirement Income Security Act by mismanaging retirement savings funds filed an objection on Dec. 7 to a proposed $75 million cash settlement reached between eight...

Mealey's Labor & Employment - Swift Transportation Workers' Wage Class Suit Is Sent Back To State Court

RIVERSIDE, Calif. - A California federal judge on Dec. 7 granted a motion to remand a wage-and-hour class complaint by yard hostlers, finding that the federal court does not have subject matter jurisdiction over the claims because the amount in controversy, minus an estimate on the damages statement...

Mealey's Labor & Employment - U.S. Supreme Court Refuses To Review 2nd Circuit's Offset Ruling

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 11 refused to review the Second Circuit U.S. Court of Appeals' ruling that a New York law barring the offset of a claimant's disability benefits with the proceeds of the claimant's settlement of a personal injury suit is not preempted by the...

Mealey's Labor & Employment - 9th Circuit: Wage Class Should Be Certified, Notice Of Violation Was Given

SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 7 reversed the denial of class certification in a wage-and-hour complaint, finding that the pleadings provided sufficient notice to the employer of violations of California Labor Code Section 226(a) violations, whether direct or derivative...

Mealey's Labor & Employment - U.S. Supreme Court Denies Stay In ERISA Forum-Selection Appeals

WASHINGTON, D.C. - On Dec. 8, two days after the U.S. Supreme Court denied a stay request filed by a retiree seeking reinstatement terminated health benefits under the Employee Retirement Income Security Act, the employer being sued waived its right to respond to the retiree's petition for writ of...

Mealey's Labor & Employment - Assistant Managers Conditionally Certified In Applebee's Franchise Wage Suit

CHICAGO - An Illinois federal judge on Dec. 8 partially granted conditional certification in a class complaint brought by a restaurant franchise assistant manager (AM) who alleges that she and others were misclassified as exempt under the Fair Labor Standards Act (FLSA) and Illinois wage laws but granted...

Mealey's Labor & Employment - Yard House Restaurant Worker's Wage Suit Is Stayed Pending Ruling In Morris

LOS ANGELES - A California federal judge on Dec. 11 stayed the proceedings in a wage-and-hour class complaint filed by a restaurant employee in which the defendants moved to compel arbitration, pending the U.S. Supreme Court's ruling in Morris v. Ernst & Young LLP, 834 F. 3d 975 (9th Cir. 2016...

Mealey's Labor & Employment - Split Ohio Appeals Panel: Wage Class May Proceed With Members Who Agreed To Arbitrate

WARREN, Ohio - A divided Ohio appeals court panel on Dec. 11 upheld certification of a class of sales people suing the employer for "pulling" earned commissions, finding that the fact that the class definition encompasses some employees who signed an arbitration agreement not signed by the...

Mealey's Labor & Employment - Class Certification, But No Tolling In Sephora Workers' Wage Suit

SAN FRANCISCO - A California federal judge on Dec. 8 granted a motion for conditional certification of a Fair Labor Standards Act (FLSA) claim brought by current and former employees of Sephora USA Inc. but denied the plaintiffs' request for equitable tolling (Lacey Hernandez, et al. v. Sephora USA...

Mealey's Labor & Employment - Judge Partially Compels Cruise Line Worker's Claims To Arbitration

MIAMI - A Florida federal judge on Dec. 12 found that a cruise line worker's negligence claims against her employer must be arbitrated in the Bahamas pursuant to the terms of her employment agreement, but remanded claims against another cruise line and her coworker to a state court, because they...