LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 6th Circuit Reverses Summary Judgment For Employer On Worker's Retaliation Claim

CINCINNATI - A public health employee may proceed with her retaliation claim against her employer, the Sixth Circuit U.S. Court of Appeals ruled April 7, finding that the trial court erred when it granted summary judgment for the employer as the employee presented sufficient evidence to support her claims...

Mealey's Labor & Employment - Procedural Violation Does Not Justify Award Of Disability Benefits, 9th Circuit Says

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on April 4 vacated and remanded a district court's ruling in a disability benefits suit after determining that the disability insurer's failure to comply with procedural requirements does not, on its own, justify an award of benefits in...

Mealey's Labor & Employment - Twice Fired Garbage Truck Driver May Proceed With Wrongful Termination Claim

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on April 7 reinstated a wrongful termination claim by a garbage truck driver who was fired twice by the same employer, finding that the employer's proffered reason for the second firing - the employee's failure to provide proof of...

Mealey's Labor & Employment - 10th Circuit: Grip Strength Impairment Is Not A Disability

DENVER - A job applicant whose offer of employment was revoked after the employer found that his grip strength impairment was not compatible with the job failed to show that his impairment was a disability, the 10th Circuit U.S. Court of Appeals ruled April 11, affirming a grant of summary judgment in...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Dismissal Of ERISA Suit On Res Judicata Grounds

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on April 11 affirmed a New Jersey federal court's dismissal of a lawsuit challenging a ruling that a man was ordered to reimburse a health benefit plan after he obtained a settlement from a third party for injuries he suffered in an accident...

Mealey's Labor & Employment - U.S. Steel Subsidiary Will Pay $150,000 To Settle Hair Follicle Test Dispute

HOUSTON - U.S. Steel Tubular Products Inc. (USSTP) has agreed to pay $150,000 to settle religious bias and retaliation claims after it revoked a job offer when the worker requested an alternate hair follicle drug test due to his religious beliefs, the Equal Employment Opportunity Commission announced...

Mealey's Labor & Employment - 2nd Circuit Panel: ERISA Plaintiff Failed To Exhaust Administrative Procedures

NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 10 affirmed a New York federal judge's ruling that a plaintiff in an Employee Retirement Income Security Act lawsuit failed to exhaust a pension plan's internal administrative procedures before filing suit (Kevin McCulloch v. Board...

Mealey's Labor & Employment - Federal Judge Grants Eddie Bauer Employee's Request For Class Discovery

SAN JOSE, Calif. - A California federal judge on April 11 granted a request by a former retail employee who asserts violations of California's unfair competition law (UCL) and labor code for the contact information of all employees of Eddie Bauer LLC that fall within the scope of her proposed class...

Mealey's Labor & Employment - Judge Finds In Insured's Favor In Coverage Dispute Over Its Employee's Claims

SANTA ANA, Calif. - A California federal judge on April 10 granted an insured's motion for summary judgment in a declaratory judgment lawsuit arising from underlying claims for malicious prosecution and defamation brought by the insured's employee (KPC Healthcare, Inc. v. Hudson Specialty Ins...

Mealey's Labor & Employment - California Federal Judge Keeps CVS Pharmacist's Wage Class Suit In Federal Court

LOS ANGELES - A wage class complaint filed by a California pharmacist against his employer belongs in federal court, not state court, a California federal judge ruled April 11, holding that even though removal occurred more than 30 days after the complaint was filed, it was still timely (Sevag Chalian...

Mealey's Labor & Employment - Supreme Court Hears 'Mixed' Civil Service Termination, Discrimination Case

WASHINGTON, D.C. - The U.S. Supreme Court grappled April 17 with a statutory scheme for federal workers who challenge employment decisions that is designed to prevent claim splitting and to streamline the judicial process for often pro se litigants but that Justice Samuel Anthony Alito Jr. called "unbelievably...

Mealey's Labor & Employment - Judge Orders Response From Blue Cross To Tribe's ERISA Document Request

BAY CITY, Mich. - A Michigan federal judge on April 13 directed an Indian tribe's health care plan administrator to respond to the tribe's request to file four sealed summary judgment documents on the public record in the tribe's lawsuit alleging violations of the Employee Retirement Income...

Mealey's Labor & Employment - Panel Affirms Dismissal Of Disability Claimant's Claim For Deprivation Of Rights

CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 14 affirmed a district court's dismissal of a disability claimant's allegation of deprivation of rights after determining that the pension plan that administered the disability plan at issue did not act in the interests of the "state"...

Mealey's Labor & Employment - 8th Circuit Reverses, Sends Ex-Workers' Age Bias Claims To Arbitration

ST. PAUL, Minn. - Thirty-three laid-off General Mills Inc. workers must have their age discrimination claims decided in arbitration individually, and not as a class, and they are not entitled to declaratory judgment regarding their rights under the Age Discrimination in Employment Act (ADEA) because...

Mealey's Labor & Employment - 2nd Circuit Affirms Ruling Refusing To Certify FLSA And NYLL Class Actions

NEW YORK - The Second Circuit U.S. Court of Appeals on April 14 rejected an appeal of a court decision that refused to certify multiple class actions asserting violations of labor law, finding that the court's ruling was well reasoned and that it did not err when it found that the proposed classes...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms New York Judge's Dismissal Of Pension, Benefits Claims

NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 14 affirmed a New York federal judge's dismissal of a plaintiff's claims for pension and stock benefits on timeliness grounds, saying that his complaint was filed well outside of the six-year limitations period that applies to Employee...

Mealey's Labor & Employment - New York Federal Judge Unseals Order Certifying J.P. Morgan ERISA Class

NEW YORK - A New York federal judge on April 17 unsealed a two-week-old order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying he found evidence of a possible causal link between alleged breaches of fiduciary...

Mealey's Labor & Employment - 7th Circuit Panel Affirms Disability Plan Benefit Was Not Available To Claimant

CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 18 affirmed a district court's ruling that a disability insurer did not act arbitrarily or capriciously in denying a claim for disability life insurance benefits because the disability life insurance benefit was not in the disability plan...

Mealey's Labor & Employment - EEOC Sues Miami Beach Hotel For Firing Black Haitian Kitchen Workers

MIAMI - The Equal Employment Opportunity Commission filed suit on April 18 against the owners, operators and managers of SLS Hotel South Beach in Florida federal court on behalf of a class of black Haitian kitchen workers claiming that the defendants fired them because of their national origin, race...

Mealey's Labor & Employment - Waffle House Job Applicants Sue Over Background Reports

ORLANDO, Fla. - Waffle House Inc. and WH Capital LLC (together, Waffle House) and other companies violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, by obtaining and using information from background reports for job applicants without providing proper disclosures to the applicants before...

Mealey's Labor & Employment - American Dental Association To Pay $1.95M To Settle EEOC Bias Charges

CHICAGO - The American Dental Association (ADA) has agreed to pay $1.95 million to settle two discrimination charges, the Equal Employment Opportunity Commission announced April 21.

Mealey's Labor & Employment - Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice

PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of...

Mealey's Labor & Employment - Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes

NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided...

Mealey's Labor & Employment - Split 6th Circuit Reinstates Retaliation Claims For Firing After FMLA Leave

CINCINNATI - An employee with mental health issues who was demoted and then fired after taking leave under the Family and Medical Leave Act (FMLA) may proceed with his retaliation claims brought under the FMLA and the Americans with Disabilities Act (ADA), a split Sixth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - 5th Circuit Reverses Ruling Finding Technician Repairing Oil Rigs Is A Seaman

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 19 reversed a trial court's summary judgment ruling in favor of an employer, finding that it had not been established as a matter of law that the Fair Labor Standard Act's (FLSA) seaman exemption applies to the plaintiff, who...