LexisNexis® Legal Newsroom
Mealey's Labor & Employment - DOL Defends Fiduciary Rule In Appellee Brief Filed In 5th Circuit

NEW ORLEANS - The U.S. Department of Labor (DOL) on July 3 filed a lengthy appellee brief in the Fifth Circuit U.S. Court of Appeals in a consolidated lawsuit filed by investment and insurance industry trade groups against its fiduciary rule (Chamber of Commerce of the United States of America, et al...

Mealey's Labor & Employment - Time Warner Sued By EEOC For Firing Disabled Employee

RIVERSIDE, Calif. - Time Warner Cable Inc. and Charter Communications Inc. violated the Americans with Disabilities when it fired an account executive less than two weeks after learning she had thyroid cancer, the Equal Employment Opportunity Commission alleges in a complaint filed July 6 in the U.S...

Mealey's Labor & Employment - 7th Circuit Upholds Arbitrators' Awards Against Hyatt In Union Disputes

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 6 upheld awards by two arbitrators in favor of a union in disputes over bargaining unit work being performed by supervisors, finding that the awards don't prevent pending and future disputes regarding the same issue from being arbitrated...

Mealey's Labor & Employment - Split Labor Board Denies Reviews Of Bargaining Units That Include Student Employees

WASHINGTON, D.C. - A split National Labor Relations Board issued two orders on July 6 declining to review regional directors' direction of election for two school bargaining units that include student employees (The New School and Student Employees at the New School-SENS UAW, No. 02-RC-143009, NLRB...

Mealey's Labor & Employment - Judge Refuses To Remand UCL, Labor Code Claims Against Health Care Center

LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Foot Locker Pension Plan Must Be Reformed

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 6 affirmed a New York federal judge's ruling in favor of a class of about 16,000 former and current employees of Foot Locker Inc. seeking additional pension benefits, holding that classwide relief in the form of reformation does not...

Mealey's Labor & Employment - 11th Circuit Panel Says Death Benefits Award To Widow, Conservator Proper

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on July 6 ruled that a Georgia federal judge properly granted death benefits to a widow and her conservator, saying that the decedent's son failed to show any reversible error in that decision (Metropolitan Life Insurance Co. v. Devin Lanier Waddell...

Mealey's Labor & Employment - 5th Circuit: BNSF Applicant Failed To Prove Withdrawal Of Job Offer Was Biased

NEW ORLEANS - The withdrawal of a job offer following a medical evaluation was not shown to be discrimination as the job applicant was unable to show that she was regarded as disabled, a Fifth Circuit U.S. Court of Appeals panel ruled July 6, upholding a trial court's decision (Kris Arthur v. BNSF...

Mealey's Labor & Employment - 9th Circuit Reverses Dismissal Of False Claims Act Case Against Drug Maker Gilead

SAN FRANCISCO - Relying on the U.S. Supreme Court's ruling in Universal Health Services, Inc. v. United States, ex rel Escobar, __ U.S. __,, 136 S. Ct. 1989 (2016), the Ninth Circuit U.S. Court of Appeals on July 7 reversed dismissal of a False Claims Act/retaliation claim alleging that drug maker...

Mealey's Labor & Employment - 3rd Circuit Reinstates Age Bias Claims Brought By 2 Of 5 Temp Employees

PHILADELPHIA - Two out of five temporary employees who allege that they were denied full-time employment due to their age presented sufficient evidence of bias after they were skipped over for positions despite sufficient rankings and may proceed with their claims, a Third Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - En Banc 5th Circuit Will Consider Standard Of Review For ERISA Benefits Denial

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 10 agreed to rehear en banc a case involving the proper standard of judicial review of a denial of benefits under a health plan governed by the Employee Retirement Income Security Act (Ariana M. v. Humana Health Plan of Texas Inc., No. 16...

Mealey's Labor & Employment - 11th Circuit Affirms Finding That Insurer's Termination Of Benefits Was Reasonable

ATLANTA - The 11th Circuit U.S. Court of Appeals on July 12 affirmed a district court's ruling that a disability insurer's termination of long-term care disability benefits was reasonable based on the evidence properly considered by the insurer (David Carr v. John Hancock Life Insurance Company...

Mealey's Labor & Employment - Medical Transportation Drivers Claim They Were Paid As Little As $3.61 Per Hour

WASHINGTON, D.C. - Three nonemergency medical transportation (NMET) drivers filed a class complaint on July 13 seeking unpaid wages and alleging that they were paid flat rates that resulted in pay as little as $3.61 per hour for their work (Isaac Harris, et al. v. Medical Transportation Management, Inc...

Mealey's Labor & Employment - 9th Circuit Panel Remands ERISA Class Action Over Hourly Contributions

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on July 14 affirmed in part and reversed in part a Washington federal judge's judgment in favor of the plaintiffs in an Employee Retirement Income Security Act class action, saying that an issue regarding hourly contributions to a pension plan...

Mealey's Labor & Employment - Tribe Wins $8.4 Million Judgment Against Blue Cross For Hidden Plan Fees

BAY CITY, Mich. - A health care plan administrator owes a Michigan Indian tribe more than $8.4 million for violating the Employee Retirement Income Security Act by charging hidden administrative fees for the tribe's employee benefit program but is not liable for any alleged damages related to the...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms ERISA Claims Dismissal, OKs Securities Claim Amendment

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 13 affirmed the dismissal of retired Booz Allen Hamilton officers' Employee Retirement Income Security Act claims because the plan through which Booz Allen distributed its stock to employees was not an employee pension benefit plan within...

Mealey's Labor & Employment - Behavioral Health Services Employer Settles Class Wage Claims For $865,000

PHILADELPHIA - A Pennsylvania federal magistrate judge on July 13 granted approval of a $865,000 settlement to be paid by a behavioral health services company to end claims that it misclassified and underpaid its clinicians, consultants and therapists (Sarina Brown, et al. v. Progressions Behavioral...

Mealey's Labor & Employment - Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved

LOS ANGELES - A California federal judge on July 14 granted preliminary approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and Kelly Services Inc. to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al...

Mealey's Labor & Employment - Labor Department Seeks Stay Of Thrivent Litigation Over BIC Exemption

ST. PAUL, Minn. - The U.S. Department of Labor (DOL) in a July 14 letter asked a Minnesota federal judge to stay litigation over its new "best interest contract" prohibited exemption (BIC exemption), saying that it is currently reviewing its rulemaking pursuant to President Donald J. Trump's...

Mealey's Labor & Employment - Class Suing Over Cash For Overtime Is Certified By New York Federal Judge

NEW YORK - A New York federal judge on July 14 certified an employee class suing over improper payroll records and for being paid by check for up to 40 hours per week and by cash, but at their regular hourly wage, for any time worked above 40 and granted a motion to amend the complaint and dismiss named...

Mealey's Labor & Employment - Massachusetts High Court: Employee Fired For Using Medical Marijuana May Sue

BOSTON - An employee who was fired after testing positive for marijuana due to her lawful medical use of the drug may sue her former employer for handicap discrimination in violation of Massachusetts' medical marijuana act, the Massachusetts Supreme Judicial Court ruled July 17 (Cristina Barbuto...

Mealey's Labor & Employment - 7th Circuit Reinstates Firefighter's Hostile Environment, Retaliation Claims

CHICAGO - A Chicago firefighter may proceed with his claims that he was improperly exposed to a hostile work environment and then made to jump through extra hoops to return from a medical leave due to his complaints, a Seventh Circuit U.S. Court of Appeals panel ruled July 20 (Roberto G. Alamo v. Charlie...

Mealey's Labor & Employment - 2nd Circuit: FMLA Retaliation Claims Require Motivating Factor Causation Standard

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 19 vacated a jury verdict for an employer in a Family and Medical Leave Act (FMLA) lawsuit, finding that the retaliation claims brought by the employee required only a "motivating factor" causation standard and that the employee...

Mealey's Labor & Employment - 6th Circuit Affirms $314,000 Grant Of Additional Benefits In Life Insurance Case

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on July 18 affirmed a Michigan federal judge's ruling granting $314,000 in additional life insurance benefits in an Employee Retirement Income Security Act breach of fiduciary duty case alleging that a fiduciary made material representations...

Mealey's Labor & Employment - LTD Plan Is Ambiguous As To Whether Insurer's Offset Was Permitted, Panel Says

NEW ORLEANS - A district court did not err in finding that a disability insurer abused its discretion in offsetting a claimant's long-term disability benefits because the plan is ambiguous as to whether a direct rollover of pension funds to an individual retirement account entitles the insurer to...