LexisNexis® Legal Newsroom
Mealey's Labor & Employment - U.S. Supreme Court Refuses To Hear Union Election Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 14 denied a petition for writ of certiorari filed by a Mystic, Conn., nursing home seeking the review of a September 2015 decision in which the District of Columbia Circuit U.S. Court of Appeals ruled that the makeup of the National Labor Relations Board...

Mealey's Labor & Employment - California Appeals Panel Says Franchisee's Job Applicant Didn't Consent To Arbitration

LOS ANGELES - A California appeals panel on Nov. 9 affirmed denial of a Taco Bell Corp. franchisee's motion to compel arbitration in a case alleging that it violated various wage and work condition requirements in the state Labor Code, saying that a job applicant who filled out a Taco Bell application...

Mealey's Labor & Employment - Bentonville, Ark., McDonald's Franchisee To Pay $103,000 To Settle Discrimination Suit

FAYETTEVILLE, Ark. - The U.S. Equal Employment Opportunity Commission announced Nov. 11 that an Arkansas McDonald's restaurant franchisee will pay $103,000 to settle a disability discrimination lawsuit brought by the EEOC on behalf of an employee who was fired because of his HIV-positive status ...

Mealey's Labor & Employment - California Federal Judge Gives Final Approval To $700,000 Wage-And-Hour Settlement

SAN FRANCISCO - A California federal judge on Nov. 14 granted final approval of a $700,000 settlement between current and former McDonald's franchise employees and a Bay Area franchisee in a wage-and-hour class action and approved the requested $150,000 award of attorney fees to class counsel (Stephanie...

Mealey's Labor & Employment - Tribal Immunity Does Not Cover Casino Limo Driver, Crash Victims Tell High Court

WASHINGTON, D.C. - The U.S. Supreme Court should reverse a Connecticut Supreme Court finding that a limousine driver for an Indian casino is protected by the tribe's sovereign immunity from a couple's personal injury claims stemming from a car crash because the holding "would represent an...

Mealey's Labor & Employment - Federal Judge Declines Regulation Of Communications In Wage-And-Hour Class Suit

ASHEBORO, N.C. - A North Carolina federal judge on Nov. 14 denied a motion by satellite television technicians to regulate communications between their employer and the putative collective members who allege that they were misclassified as independent contractors, finding that the plaintiffs have not...

Mealey's Labor & Employment - Iron Hill Brewery Settles Bartenders, Servers Wage Claims For $1.29M

PHILADELPHIA - A company with restaurants in Pennsylvania, New Jersey and Delaware will pay $1.29 million to settle claims that it wrongfully used a tip credit when paying its servers and bartenders as it required those tipped employees to share those tips with other workers (Matthew Schaub, et al. v...

Mealey's Labor & Employment - Dollar General Will Pay $300,000 To Settle Wage Class Claims

SAN FRANCISCO - A California federal judge on Nov. 14 granted preliminary approval of a $300,000 settlement to be paid by Dolgen California LLC to a class of employees who worked at its Dollar General Market stores in California and allege numerous wage violations, including failure to pay overtime and...

Mealey's Labor & Employment - Judge Finds Employment Claims Are Not Arbitrable, Agreement Is Unenforceable

SAN FRANCISCO - Considering the recent ruling in Morris v. Ernst & Young (834 F.3d 975 [9th. Cir. 2016]), a California federal judge on Nov. 16 found that a class action waiver in an employment-related arbitration agreement was unenforceable under the National Labor Relations Act (NLRA) (Ravi Whitworth...

Mealey's Labor & Employment - New York Federal Judge Remands Disability Case To Aetna Life Insurance

ROCHESTER, N.Y. - A New York federal judge in an opinion filed Nov. 18 granted partial summary judgment to a man whose long-term disability claims were denied, saying that the defendants failed to adequately explain all of the reasons for denying the claim in violation of the Employee Retirement Income...

Mealey's Labor & Employment - New York High Court Allows Police Officer To Pursue Asbestos Case Against Buffalo

ALBANY, N.Y. - A state system designed to compensate injured police officers does not constitute a workers' compensation system and allows for a tort action alleging exposure to asbestos while in the employ of the city of Buffalo, a divided New York Court of Appeals held Nov. 21 (In the Matter of...

Mealey's Labor & Employment - 3rd Circuit: Opt-In Plaintiffs Lack Standing To Appeal Collective Action Ruling

PHILADELPHIA - Three hospital employees who opted in to the second round of wage litigation against their employer have no standing to appeal the trial court's denial of collective action certification after the lead named plaintiff settled his individual claims, a Third Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Pennsylvania Federal Judge: ERISA Controls Breach Of Contract, Fiduciary Duty Claims

PHILADELPHIA - A Pennsylvania federal judge in an opinion filed Nov. 18 denied a plaintiff's motion to remand a case alleging improper denial of claims under an Employee Retirement Income Security Act-qualified health plan to state court, saying that claims for breach of contract and breach of fiduciary...

Mealey's Labor & Employment - Illinois Federal Judge Enforces Settlement, Grants Plumbers Union $82,707

ROCK ISLAND, Ill. - An Illinois federal judge on Nov. 21 granted a motion to enforce the terms of an agreement to settle an Employee Retirement Income Security Act lawsuit and ordered defendant Midwest Underground Inc. to pay the plaintiff plumber union funds $82,707 (Plumbers and Pipefitters Local Union...

Mealey's Labor & Employment - Illinois Federal Judge Rules For Pension Fund In Dispute Over Benefits Payments

CHICAGO - An Illinois federal judge on Nov. 21 granted defendants' motions to dismiss a lawsuit alleging that a pension fund, its trustees and its lawyers conspired with each other to have the fund retain and convert the contributions made on a plaintiff's behalf, saying that the plaintiff's...

Mealey's Labor & Employment - Alabama Federal Judge Says Prudential Insured's Remand Motion Preempted By ERISA

SELMA, Ala. - An Alabama federal judge on Nov. 18 denied a Prudential Insurance Co. insured's motion to remand to state court an action alleging that the insured failed to pay any policy benefits, saying that his state law claims are completely preempted by the Employee Retirement Income Security...

Mealey's Labor & Employment - Texas Federal Judge Withholds Ruling On Proposed $8.8 Million ERISA Class Action Settlement

FORT WORTH, Texas - A Texas federal judge on Nov. 18 withheld ruling on a plaintiffs' motion for conditional certification and preliminary approval of an $8.8 million Employee Retirement Income Security Act class action settlement, saying that he did not have enough information to conclude that the...

Mealey's Labor & Employment - Texas Federal Judge Issues Preliminary Injunction Against DOL Wages Rule

SHERMAN, Texas - A Texas federal judge on Nov. 22 issued a nationwide preliminary injunction requested by the state of Nevada and 20 other states barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative and professional (EAP) employees...

Mealey's Labor & Employment - D.C. Federal Judge Denies Motion For Injunction Staying Fiduciary Rule

WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 23 denied the National Association for Fixed Annuities' (NAFA) motion for a preliminary injunction staying the applicability date of the new U.S. Department of Labor (DOL) rule regulating conflicts of interest in the market for retirement...

Mealey's Labor & Employment - Calif. Court Upholds Evidence, Instructions On Way To Affirming Asbestos Verdict

LOS ANGELES - Asbestos plaintiffs themselves introduced irrelevant contract provisions about which they now complain, and any error arising from improper jury instructions regarding an employer's duty did not prejudice them, a California appeals court held Nov. 22 (Kenneth Evans, et al. v. American...

Mealey's Labor & Employment - U.S. High Court Grants Certiorari To Review 3 'Church Plan' Lawsuits

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 2 granted petitions for writ of certiorari in three "church plan" Employee Retirement Income Security Act cases, consolidated them and allotted one hour for oral argument (Saint Peter's Healthcare System, et al. v. Laurence Kaplan, No. 16...

Mealey's Labor & Employment - 6th Circuit: Engineer May Proceed With His Claims Of Disability Bias

CINCINNATI - An engineer who alleges that he was wrongfully discharged after notifying his employer of back problems may proceed with his claims of disability bias, wrongful termination and breach of severance agreement, a Sixth Circuit U.S. Court of Appeals panel ruled Dec. 2, reversing a trial court's...

Mealey's Labor & Employment - 9th Circuit Reinstates Staffing Coordinator's Overtime Pay Suit

SAN FRANCISCO - An Arizona federal judge erred in determining that a staffing coordinator's claim that she was owed overtime failed as a matter of law, a Ninth Circuit U.S. Court of Appeals panel ruled Dec. 1 (Jennifer Quintiliani, et al. v. Concentric Healthcare Solutions, LLC, et al., No. 14-17312...

Mealey's Labor & Employment - 7th Circuit Upholds Ruling That Student Athletes Are Not Employees

CHICAGO - A federal judge was correct when he ruled that student athletes are not employees of the universities where they play, the Seventh Circuit U.S. Court of Appeals ruled Dec. 5 (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 16-1558, 7th Cir.; 2016 U.S. App. LEXIS...

Mealey's Labor & Employment - 2nd Circuit Reinstates Age Bias Claims Of 1 Out Of 6 Employees Suing After RIF

NEW YORK - One of six employees who sued their former employer for age discrimination after they were terminated as part of a reduction in force (RIF) may proceed with her claims after providing sufficient evidence to survive a summary judgment motion, a Second Circuit U.S. Court of Appeals panel ruled...