WASHINGTON, D.C. - The U.S. Supreme Court on May 23 directed the Fifth Circuit U.S. Court of Appeals to reconsider, in light of Spokeo, Inc. v. Robins (578 U.S. __ ), its ruling that a defined-benefit pension plan participant did not have standing to file a breach of fiduciary duty suit under the Employee Retirement Income Security Act (Edward Pundt v. Verizon Communications, Incorporated, et al., No. 15-785, U.S. Sup.).
WASHINGTON, D.C. - The U.S. Supreme Court on May 23 let stand a Ninth Circuit U.S. Court of Appeals ruling regarding whether a successor employer can be subject to Multiemployer Pension Plan Amendments Act (MPPAA) withdrawal liability (Michael's Floor Covering LLC v. Resilient Floor Covering Pension Fund, No. 15-1118, U.S. Sup.).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 24 affirmed dismissal of ERISA and breach of contract claims against Booz Allen Hamilton Inc. (BAH) arising from an employment dispute (Foster Rich v. Ralph W. Shrader, et al., No. 14-55484, 9th Cir.; 2016 U.S. App. LEXIS 9488).
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on May 19 affirmed a district court's decision to grant judgment in favor of a retailer on claims asserted by employees in relation to wages, finding that their claims for violation of California's unfair competition law (UCL) and Labor Code were time-barred (L. Anderson v. Michael's Stores Inc., No. 14-56726, 9th Cir.; 2016 U.S. App. LEXIS 9180).
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on May 20 affirmed in part and denied in part a California federal judge's summary judgment ruling in favor of defendants in a class action under the Employee Retirement Income Security Act (Geoffrey Moyle, et al. v. Liberty Mutual Retirement Benefits Plan, et al., No. 13-56330, 9th Cir.; 2016 U.S. App. LEXIS 9251).
CINCINNATI - A bookkeeper who was responsible for entering payroll data and claims that she didn't immediately realize that she was eligible for overtime wages may proceed with her lawsuit after showing that a district court erred when it determined that the employee misreported her time, the Sixth Circuit U.S. Court of Appeals ruled May 19 (Donna Craig v. Bridges Bros. Trucking LLC, et al., No. 15-3396, 6th Cir.; 2016 U.S. App. LEXIS 9140).
WASHINGTON, D.C. - The 45-day statute of limitations for a constructive discharge claim doesn't begin until after an employee resigns, a divided U.S. Supreme Court ruled May 23 (Marvin Green v. Megan J. Brennan, Postmaster General, United States Postal Service, No. 14-613, U.S. Sup.; 2016 U.S. LEXIS 3484).
NEW YORK - A federal appeals panel on May 19 ruled that a New York federal judge did not err in dismissing New York City Human Rights Law (NYCHRL) and Consolidated Omnibus Budget Reconciliation Act (COBRA) claims brought by a cancer victim who was fired by a medical center when she exhausted her leave of absence under the Family Medical Leave Act (FMLA) (Mirelle Vangas, et al. v. Montefiore Medical Center, et al., Nos. 15-1514, 15-1562, 2nd Cir.; 2016 U.S. App. LEXIS 9124).
NEWARK, N.J. - A class of chiropractors suing insurers for allegedly systematically denying payment for certain services rendered on May 17 announced that they are seeking approval of a $33 million settlement (Alphonse DeMaria, et al. v. Horizon Healthcare Services Inc. d/b/a Blue Cross Blue Shield of New Jersey, et al., No. 11-7298, D. N.J.).
KANSAS CITY, Kan. - A Kansas federal judge on May 16 denied the motions of a Domino's pizza delivery driver to approve a proposed $132,000 settlement in a Fair Labor Standards Act (FLSA) collective action and award attorney fees and costs (Kenneth Hoffman, et al. v. Poulsen Pizza LLC, et al., No. 15-2640, D. Kan.; 2016 U.S. Dist. LEXIS 64818).
WASHINGTON, D.C. - A party to a litigation may prevail even without a favorable ruling on the merits, a unanimous U.S. Supreme Court ruled May 19; however, the high court left it to the Eighth Circuit U.S. Court of Appeals to determine in the first instance whether the Equal Employment Opportunity Commission must pay attorney fees to CRST Van Expedited Inc. after losing its gender bias suit against the employer (CRST Van Expedited, Inc. v. Equal Employment Opportunity Commission, No. 14-1375, U.S. Sup.; 2016 U.S. LEXIS 3350).
SAN FRANCISCO - The lead named plaintiff in a class wage-and-hour dispute against Uber Technologies Inc. filed a declaration on May 16 objecting to the proposed $100 million settlement, arguing that the results are "unjust" and "only benefit Uber" (Douglas O'Connor, et al. v. Uber Technologies, Inc., No. 13-3826, N.D. Calif.).
WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on May 18 announced its final overtime rule, which will take effect on Dec. 1 and will increase the salary threshold from $455 per week to $913 per week ($47,476 per year), marking only the second time the white-collar exemption to the Fair Labor Standards Act had been updated.
WASHINGTON, D.C. - The Equal Employment Opportunity Commission on May 16 issued its final rules regarding wellness programs provided by employers that request health information from employees and their spouses.
CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 16 affirmed a lower federal court's ruling that there is no coverage under the "employee benefits liability provision" of a business owners insurance policy for underlying claims that two law firms and their principals breached an employment agreement (Hartford Casualty Insurance Co. v. Karlin, Fleisher & Falkenberg, LLC, et al., No. 15-3417, 7th Cir.; 2016 U.S. App. LEXIS 8921).
COLUMBUS, Ohio - An Ohio federal judge on May 13 excluded a plaintiffs' opinion witness in a lawsuit alleging violations of the Fair Labor Standards Act (FLSA) because the witness's "knowledge, skill, experience, training, or education" does not qualify him to be an expert (Joseph Miller v. Food Concepts International, LP, et al., No. 13-00124, S.D. Ohio; 2016 U.S. Dist. LEXIS 63454).
ATLANTA - The Ninth Circuit U.S. Court of Appeals on May 13 affirmed a district court's decision to dismiss a claim for violation of the Truth in Lending Act (TILA) against several mortgage companies, finding that the claim was time-barred (Jonathan E. Robinson, et al. v. WMC Mortgage Corp., et al., No. 14-15922, 9th Cir.).
COLUMBUS, Ohio - An Ohio federal magistrate judge on May 11 granted conditional class certification in a case where a former employee of a McDonald's restaurant franchisee alleges violations of the Fair Labor Standards Act (FLSA) (Kailey N. Ford v. Carnegie Management Services Inc., No. 2:16-cv-18, S.D. Ohio, Eastern Div.; 2016 U.S. Dist. LEXIS 62276).
MADISON, Wis. - A Wisconsin federal judge on May 10 granted defendant Bank of America Group Benefits Program's motion for summary judgment in an action alleging that it improperly denied the University of Wisconsin Hospitals and Clinics Authority (UWHCA) benefits under the terms of the Bank of America Benefits Program, a plan subject to the Employee Retirement Income Security Act (University of Wisconsin Hospitals and Clinics Authority v. Bank of America Group Benefits Program, No. 15-cv-280, W.D. Wis.; 2016 U.S. Dist. LEXIS 61614).
HARRISBURG, Pa. - A Pennsylvania federal judge on May 11 denied motions to dismiss claims brought by ice cream chain employees alleging violations of the Federal Labor Standards Act (FLSA) and state labor and wage laws (Tisha Reed, et al. v. Friendly's Ice Cream LLC, et al., No. 15-CV-0298, M.D. Pa.; 2016 U.S. Dist. LEXIS 62197).
ATLANTA - The 11th Circuit U.S. Court of Appeals on May 10 denied a cruise line's request for sanctions but affirmed a decision granting its motion to compel, finding that a seaman's claims that he could not afford arbitration failed (William Suazo v. NCL [Bahamas], Ltd., No. 14-15351, 11th Cir.).
CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 6 affirmed a trial court's dismissal of a pro se lawsuit brought by blind man who alleged that he was improperly fired due to his impairment and warned the plaintiff that "the pursuit of additional frivolous litigation in this court may subject him to monetary sanctions" (Robert Schindler v. Renaissance Hotel Management Company, LLC, No. 15-2560, 7th Cir.; 2016 U.S. App. LEXIS 8449).
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on May 6 enforced the National Labor Relations Board's decision that two West Virginia hospitals violated the National Labor Relations Act (NLRA) when they refused to bargain with the union elected by their registered nurses and rejected the hospitals' arguments that the NLRB's lack of quorum between Jan. 3, 2012, and Aug. 5, 2013, invalidated the regional director's certification of the union (National Labor Relations Board, et al. v. Bluefield Hospital Co., LLC, d/b/a Bluefield Regional Medical Center, et al., No. 15-1203, 4th Cir.; 2016 U.S. App. LEXIS 8407).
CHICAGO - An employer violated the National Labor Relations Act (NLRA) when it refused to sign a collective bargaining agreement after its representative orally consented to the terms, the Seventh Circuit U.S. Court of Appeals ruled May 9, enforcing a decision by the National Labor Relations Board (NLRB) (Polycon Industries, Inc. v. National Labor Relations Board, Nos. 15-3675, 15-3859, 7th Cir.; 2016 U.S. App. LEXIS 8502).
SANTA ANA, Calif. - The president of a university police association defended his motion to certify a class of University of California (UC) police officers alleging privacy violations related to the surreptitious recording of officers' conversations in a May 6 brief in California federal court, contending that he sufficiently pleaded typicality, numerosity and other common issues (Federated University Police Officers' Association, et al. v. The Regents of the University of California, et al., No. 8:15-cv-00137, C.D. Calif.).