LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Federal Judge: McDonald's Workers' Ostensible Agency Class Claims May Be Certified

SAN FRANCISCO - Various wage claims brought by employees of a fast food franchisee may proceed with some of their wage claims against the franchisor as a class, a California federal judge ruled July 7, denying the franchisor's claim that allegations of ostensible agency may not be resolved on a classwide...

Mealey's Labor & Employment - 10th Circuit Panel Affirms Consultant Not A Plan Fiduciary

DENVER - A 10th Circuit U.S. Court of Appeals panel on July 11 affirmed dismissal of claims that a pension plan consultant breached a fiduciary duty by misstating the amount of pension payments that a member could expect upon retirement for failure to state a valid claim (Trent Lebahn, et al. v. National...

Mealey's Labor & Employment - Appeals Panel Tosses Claims Against Acme Building Brands Inc.

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 11 affirmed dismissal of claims against Acme Building Brands Inc. in an Employee Retirement Income Security Act suit over reductions in the company's pension and 401(k) plans (Judy Hunter, et al. v. Berkshire Hathaway Inc., et al....

Mealey's Labor & Employment - Arizona Appellate Panel Reverses Decertification Of Truck Driver Class

PHOENIX - An Arizona trial court erred when it decertified a class of truck drivers alleging systemic underpayment, an Arizona appellate panel ruled July 12 in an opinion in which it also determined that Arizona law applies to the drivers' claim for breach of the duty of good faith and fair dealing...

Mealey's Labor & Employment - 1st Circuit Panel Affirms Dismissal Of Fidelity Float Class Action Litigation

BOSTON - A First Circuit U.S. Court of Appeals panel on July 13 affirmed dismissal of a putative class action filed by retirement plan participants and a plan administrator alleging breach of fiduciary duties under the Employee Retirement Income Security Act (In Re: Fidelity ERISA Float Litigation; Timothy...

Mealey's Labor & Employment - Bath & Body Works Settles Class Wage Claims For $2.25 Million

LOS ANGELES - A California federal judge on July 11 granted final approval of a $2.25 million settlement to be paid by Bath & Body Works LLC (BBW) to end wage claims filed by a class of nonexempt sales associates (Adam Jones v. Bath & Body Works, Inc., et al., No. 13-5206, C.D. Calif.; 2016 U...

Mealey's Labor & Employment - Judge Refuses To Dismiss UCL And Labor Code Claims Against GrubHub

SAN FRANCISCO - A California federal judge on July 13 refused to dismiss claims asserted by delivery drivers for a food service company for violation of California's unfair competition law (UCL) and Labor Code, finding that their claims were sufficiently pleaded at the present stage of the case ...

Mealey's Labor & Employment - 10th Circuit: Cancer Survivor Failed To Show He Was Qualified Under ADA

DENVER - A truck driver whose cancer was in remission and who claimed that he was told his job application was being denied because of his prior diagnosis failed to show that he was a qualified individual under the Americans with Disabilities Act (ADA), the 10th Circuit U.S. Court of Appeals ruled July...

Mealey's Labor & Employment - 8th Circuit: UPS Supervisor Failed To Prove Firing Was Discriminatory

ST. LOUIS - A United Parcel Service (UPS) supervisor who had numerous conflicts at work failed to show that his termination was due to racial discrimination rather than because of his behavior and attitude, the Eighth Circuit U.S. Court of Appeals ruled July 12 (Gary T. Smith v. United Parcel Service...

Mealey's Labor & Employment - New York Federal Judge Denies Remand, Rules For Union Fund

ALBANY, N.Y. - A New York federal judge on July 12 denied a motion to remand a case against SEIU Local 200 United Benefit Fund alleging breach of fiduciary duty and granted Local 200's cross-motion for judgment on the pleadings (Kevin Boyle, et al. v. SEIU Local 200 United Benefit Fund, et al., No...

Mealey's Labor & Employment - 7th Circuit Affirms Judgment For Restaurants In Servers' Wage Suit

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 15 affirmed a district court's ruling in favor of the employers in a wage class suit brought by servers alleging violations of state and federal laws regarding their tips (Robert Schaefer, et al. v. Walker Bros. Enterprises, Inc., et...

Mealey's Labor & Employment - 9th Circuit Again Finds Wage Claims Against Craft Stores Are Time-Barred

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals on July 15 granted a petition for panel rehearing and/or clarification filed by the lead plaintiff in lawsuit accusing a retailer of wage violations but issued an accompanying order nearly identical to the one issued on May 19 in which it reversed...

Mealey's Labor & Employment - Pennsylvania Federal Judge: Employee Waived Class Claims In Severance Agreement

PITTSBURGH - A Pennsylvania federal judge on July 14 granted summary judgment in favor of an employer in a wage-and-hour class complaint filed by a former employee finding that employee's severance agreement included a bar on participation in a class or collective action (Jonathan Kubischta, et al...

Mealey's Labor & Employment - Federal Circuit Vacates MSPB's Ruling On Officer's Retirement Pay

WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals panel on July 15 vacated a decision by the Merit Systems Protection Board (MSPB) rejecting a customs officer's claim that his retirement pay was miscalculated and failed to include the full amount of overtime pay he received in the relevant...

Mealey's Labor & Employment - 5th Circuit: Receptionist Created Possible Age Bias Factual Dispute

NEW ORLEANS - A district court must reconsider whether an employment agency should have known about its client's possible discriminatory transfer request after the worker, who alleges that she was discriminated against because of her age, showed that the agency failed to follow its usual practice...

Mealey's Labor & Employment - Judge Grants Leave To Amend Cause Of Action In Petition To Confirm

SAN JOSE, Calif. - A California federal judge on July 20 dismissed a petition to confirm an arbitral award, finding that the claimant invoked the wrong cause of action, but granted him leave to refile to properly invoke 9 U.S. Code Section 207 (Xiangkai Xu v. China Sunergy [US] Clean Tech Inc., et al...

Mealey's Labor & Employment - Judge Refuses To Remand Case, Finds Arbitration Clause Could Provide Defense

DALLAS - After finding that it is possible that an arbitration clause falling under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards could provide a defense to claims asserted by two entities against former employees, a Texas federal judge on July 21 refused to remand the...

Mealey's Labor & Employment - Texas Panel Affirms Judgment For Defendant, Finds Workers' Comp Act Applies

AUSTIN, Texas - The exclusive remedy provision of the Texas Workers' Compensation Act (TWCA) barred a man's premises liability claims against a general contractor for injuries he sustained while working as a subcontractor on a construction site, a Texas appellate panel ruled July 22, affirming...

Mealey's Labor & Employment - Judge: No Coverage For Insured's Sales Commission Dispute With Former Employee

DULUTH, Minn. - A Minnesota federal judge entered judgment in favor of an insurer on July 25, three days after finding that the insurer's duty to defend or indemnify a food marketing and distribution company insured was never triggered because the insured failed to notify the insurer "as soon...

Mealey's Labor & Employment - California Federal Judge: Employee Info Theft Class Suit Belongs In Federal Court

RIVERSIDE, Calif. - A California federal judge on July 25 denied a motion to remand a class complaint over the disclosure of employee information to a scammer, finding that the amount in controversy exceeds the minimum necessary for removal pursuant to the Class Action Fairness Act (CAFA) (Beverly Porras...

Mealey's Labor & Employment - California Federal Judge Refuses To Decertify Class In Rounding Time Suit

SAN DIEGO - A California federal judge on July 25 denied a motion to decertify a class of workers suing over their employer's rounding practices based on a recent decision by the Ninth Circuit U.S. Court of Appeals in Corbin v. Time Warner Entertainment-Advance/Newhouse Partnership (821 F.3d 1069...

Mealey's Labor & Employment - Penalty Was Correctly Assessed But Must Be Recalculated, Panel Says

SAN FRANCISCO - A district court did not err in assessing a statutory penalty against a disability plan administrator for failing to provide a requested plan document within 30 days, but the district court must recalculate the penalty to assess the penalty based solely on the failure to timely produce...

Mealey's Labor & Employment - 9th Circuit Panel Says Dignity Health Pension Plan Not A Church Plan

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on July 26 affirmed that Dignity Health's pension plan was not subject to the requirements of the Employee Retirement Income Security Act and did not qualify for ERISA's church-plan exception because it was not established by...

Mealey's Labor & Employment - U.S. Labor Department: Capitol Hill Cafeteria Workers Owed $1M In Wages

WASHINGTON, D.C. - The U.S. Labor Department announced July 26 that hundreds of workers who work in the U.S. Senate cafeterias will receive more than $1 million in back wages after an investigation found that their employers failed to pay the required prevailing wages.

Mealey's Labor & Employment - Union's Arbitration Petition For Casino Dispute Survives Tribe's Dismissal Bid

SACRAMENTO, Calif. - A California federal judge on July 27 rejected an Indian tribe's bid to dismiss a petition filed by a labor union seeking to force the tribe to arbitrate a dispute over the firing of two casino employees (Unite Here International Union v. Shingle Springs Band of Miwok Indians...