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Mealey's Labor & Employment - High Court Denies Review Of Age Discrimination Claim Against Health Care Provider

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by a former employee of a health care provider who claimed age discrimination (Virginia Lay v. Singing River Health System, No. 17-396, U.S. Sup.).

Mealey's Labor & Employment - High Court Will Not Review Representational Standing Ruling In Pension Case

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to review a Second Circuit U.S. Court of Appeals ruling that a defined-benefit pension plan participant has representational standing to sue brokers who manage funds on behalf of the plan for breach of fiduciary duties under the Employee Retirement...

Mealey's Labor & Employment - 5th Circuit: Top Hat Plan Participants Forfeited Rights With New Employment

NEW ORLEANS - Two participants in a retirement plan for top employees forfeited their rights to collect benefits after accepting new employment with a competitor within three years of retiring, a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 4 (Earl E. Owen, et al. v. Western & Southern Life...

Mealey's Labor & Employment - 6th Circuit Appeals Panel Says City Ordinance Is Not Preempted By ERISA

CINCINNATI - An ordinance outlining the city of Cincinnati's requirements for the award of construction contracts for water works jobs is not subject to preemption by the Employee Retirement Income Security Act because the city was acting as a proprietor rather than a regulator, the Sixth Circuit...

Mealey's Labor & Employment - DOL Clarifies Student Intern Wage Test Following 9th Circuit Ruling

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on Jan. 5 issued a clarification on interns and wages and, citing a recent decision on the issue by the Ninth Circuit U.S. Court of Appeals, stated that "going forward, the Department will conform to these appellate court rulings by using the...

Mealey's Labor & Employment - U.S. High Court Denies Rehearing In ERISA Life Insurance Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a widow's petition for rehearing of its denial of her petition for writ of certiorari seeking to have it reverse a determination that she was not entitled to the proceeds of a life insurance policy issued to her husband by his former employer...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Case Arguing CSX Is Liable For Employee's Death

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by the wife of a deceased railway conductor arguing that the policies of her husband's employer regarding remote work and contacting emergency services caused him to die at a remote worksite after suffering...

Mealey's Labor & Employment - U.S. Supreme Court Won't Weigh In On Noncompete Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by an employee seeking a ruling on noncompete agreements under the Restatement (Second) of Conflict of Laws (Christopher Ridgeway, et al. v. Stryker Corporation, et al., No. 17-556, U.S. Sup.).

Mealey's Labor & Employment - Correction Facility Operator Will Settle Sex Harassment Claims For $550,000

PHOENIX - The Geo Group Inc., the operator of the Central Arizona Correction Facility and Arizona State Prison-Florence West Facility in Florence, Ariz., will pay $550,000 and provide other relief to settle sexual harassment and retaliation claims filed by the Equal Employment Opportunity Commission...

Mealey's Labor & Employment - High Court Won't Hear Former FEC Attorney's Whistleblower Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by a former Federal Election Commission (FEC) attorney who claims that she was wrongfully fired in retaliation for allegedly blowing the whistle on a nominated commissioner (Marne K. Mitskog v. Merit Systems...

Mealey's Labor & Employment - U.S. High Court Won't Weigh In On Firing Of Delta Agent Following Alleged Theft

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to hear an appeal filed by a former airline customer service agent alleging that he was improperly fired after he allegedly stole money from a customer's lost purse (Carlos Clemons v. Delta Airlines, Inc., No. 17-597, U.S. Sup.).

Mealey's Labor & Employment - Change For Disability Plans' Claims Procedures To Be Effective April 1

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on Jan. 5 announced that a final rule amending the claims procedure requirements for employee disability benefit plans governed by the Employee Retirement Income Security Act will go into effect on April 1.

Mealey's Labor & Employment - Split 4th Circuit Reinstates EEOC's Equal Pay Act Claims Against Maryland Agency

RICHMOND, Va. - A divided Fourth Circuit U.S. Court Appeals panel on Jan. 5 reinstated Equal Pay Act (EPA) claims brought by the Equal Employment Opportunity Commission on the behalf of three women against the Maryland Insurance Administration (MIA), finding that a jury must decide whether the reasons...

Mealey's Labor & Employment - 8th Circuit Finds ConAgra's Decision To Deny Severance Benefits Claim Supported

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Jan. 5 affirmed a district court's decision in favor of a food company that denied severance benefits under a plan governed by the Employee Retirement Income Security Act, finding that the evidence showed that an employee did not have good...

Mealey's Labor & Employment - New York Federal Judge Dismisses Class Claims Over PBM's Pricing, Allows Amendment

NEW YORK - A New York federal judge on Jan. 5 dismissed Employee Retirement Income Security Act and Racketeer Influenced and Corrupt Organizations Act class claims against the largest pharmacy benefits manager (PBM) and a health insurance provider over prescription pricing, but gave the plaintiffs 21...

Mealey's Labor & Employment - 6th Circuit Won't Review Certification In Nurses' Missed Breaks Wage Suit

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 8 denied an employer's petition for permission to appeal a district court's certification of a class of nurses in a collective action filed under the Fair Labor Standards Act (FLSA) seeking wages for missed breaks (In re: Marietta...

Mealey's Labor & Employment - Judge Dismisses Some Claims In ERISA Class Action Against Vanderbilt University

NASHVILLE, Tenn. - A Tennessee federal judge on Jan. 5 granted in part and denied in part Vanderbilt University's motion to dismiss a putative class action lawsuit accusing it of mismanaging its employee retirement plans in violation of the Employee Retirement Income Security Act (Loren L. Cassell...

Mealey's Labor & Employment - Car Dealership Tells High Court That 'Service Advisors' Are Exempt From Overtime

WASHINGTON, D.C. - Car dealership "service advisors" are salesmen primarily engaged in "serving automobiles" and, as a result, are exempt from receiving overtime wages under the Fair Labor Standards Act (FLSA), a California dealership argues in its reply brief filed Jan. 8 in the...

Mealey's Labor & Employment - 7th Circuit: Stonework Company No Longer Has To Contribute To Multiemployer Fund

CHICAGO - A stonework company that transferred away from using union members and started employing more highly skilled setters and finishers did not owe a multiemployer pension fund a withdrawal liability, a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 8, finding that the fund waived its statutory...

Mealey's Labor & Employment - 3rd Circuit Vacates Dismissal, Remands ERISA Claim For Review Of Exhaustion

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 8 reversed a district court's dismissal of a union carpenter's claims under the Employee Retirement Income Security Act in relation to his pension and remanded the case for review of whether he exhausted his administrative remedies...

Mealey's Labor & Employment - 8th Circuit: Fired Employee Failed To Show Religious Or Gender Discrimination

ST. LOUIS - An account executive who was fired for poor performance following multiple issues with his main account failed to prove his claims that the reasons given for his termination were actually pretext for religious and gender discrimination, an Eighth Circuit U.S. Court of Appeals panel ruled...

Mealey's Labor & Employment - Panel Affirms Dismissal Of Suit Alleging Fiduciaries Did Not Protect ESOP From Harm

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 8 affirmed a lower federal court's dismissal of a putative class action alleging that the fiduciaries of a publically traded company's stock ownership plan breached their duties by failing to protect the plan from harm caused by the...

Mealey's Labor & Employment - Class Plaintiffs Failed To Prove Company Concealed Information On Stock Value

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 9 affirmed a district court's dismissal of a class action complaint alleging that 401(k) plan fiduciaries concealed information regarding the company's stock value after determining that the class plaintiffs failed to support their...

Mealey's Labor & Employment - Health Insurer Says It Followed ERISA Plan Guidelines, Judgment Warranted

TAMPA, Fla. - A court can adequately manage its docket without staying proceedings while considering a motion for remand, a motion it should deny and then grant summary judgment, because an insurer's actions complied with the terms of the insured's Employee Retirement Income Security Act plan...

Mealey's Labor & Employment - Class Of Eddie Bauer Employees Certified In Bag Check Suit

SAN JOSE, Calif. - A California federal judge on Jan. 10 ruled that claims for unpaid minimum and overtime wages, wage statement violations and violations of California's unfair competition law (UCL) are appropriate for class treatment in a lawsuit brought by Eddie Bauer LLC employees who allege...