LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Iowa Top Court Rejects Chiropractors' Unequal Pay Claim Against Insurer

DES MOINES, Iowa - Iowa state law does not require insurers to compensate chiropractors at the same rate as other medical professionals and would be preempted by ERISA if it did, the Iowa Supreme Court held April 21 (Lyle H. Abbas, et al. v. Iowa Insurance Division, Wellmark Inc., et al., No. 15-1248...

Mealey's Labor & Employment - 10th Circuit Orders Reconsideration Of Personal Liability In Bias Suit

DENVER - A Colorado federal court erred in finding that under the cat's paw theory, an unbiased decisionmaker may be personally liable for an adverse action based on a subordinate supervisor's racially motivated recommendation, a 10th Circuit U.S. Court of Appeal panel ruled April 21; however...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Dismissal Of Suit Against Hartford Financial, Retailer

NEW YORK - In an unpublished decision, a Second Circuit U.S. Court of Appeals panel held April 25 that a Connecticut federal judge properly dismissed a putative class action filed by Family Dollar Stores Inc. employees under the Employee Retirement Income Security Act for failure to state a claim upon...

Mealey's Labor & Employment - 4th Circuit Panel Affirms Plan Wrongfully Denied Man's Early Retirement Benefits

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 24 affirmed a North Carolina judge's ruling that a man's pension plan wrongfully denied him regular early retirement benefits, saying that the man clearly qualified for regular early retirement under the plan's terms (Garry...

Mealey's Labor & Employment - D.C. Circuit: Hotel Did Not Violate Labor Act When It Suspended A Bellman

WASHINGTON, D.C. - A Las Vegas hotel did not violate the National Labor Relations Act (NLRA) when is suspended a bellman to investigate a customer complaint after the bellman refused to make a statement about the incident without a union representative present, the District of Columbia Circuit U.S. Court...

Mealey's Labor & Employment - Labor Board ALJ Finds AT&T's Privacy Rule For Workers Is Too Broad

WASHINGTON, D.C. - AT&T Mobility LLC's privacy policy for employees that prohibits the recording of conversations with co-workers, managers and third parties is overly broad and violates the National Labor Relations Act (NLRA), an administrative law judge (ALJ) ruled April 25 (AT&T Mobility...

Mealey's Labor & Employment - Denial Of Cert Allows Negligence Action Against Tribal Workers To Proceed

WASHINGTON, D.C. - Three tribal casino employees must face claims that they negligently allowed a customer to get drunk, drive away and crash into another car, killing two people, after the U.S. Supreme Court on May 1 denied certiorari in the case, which had been held pending Brian Lewis and Michelle...

Mealey's Labor & Employment - D.C. Circuit Upholds Labor Board's Decision On Employer's Trust Contributions

WASHINGTON, D.C. - An employer acted within its right when it suspended contributions to three out of four health benefit and pension trusts after a collective bargaining agreement (CBA) expired because the subscription agreements clearly allowed for that; however, it violated the National Labor Relations...

Mealey's Labor & Employment - New York Federal Judge Strikes 3 Of 4 Pension Fund Withdrawal Liability Claims

SYRACUSE, N.Y. - A New York federal judge on May 1 granted three of four motions to dismiss filed by a wholesale supply company that a pension fund says is obligated to pay withdrawal liability for a bankrupt company whose assets it purchased, saying that claims of evading or avoiding liability, common...

Mealey's Labor & Employment - 5th Circuit Orders Reexamination Of Privilege Log In EEOC Bias Suit

NEW ORLEANS - A trial court must further examine an employer's privilege log in a bias suit brought by the Equal Employment Opportunity Commission as the employer has failed to establish that the 278 entries were protected under the attorney-client privilege, a Fifth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Insurance Brokerage Firm Settles EEOC Pregnancy Bias Suit For $100,000

ORLANDO, Fla. - A Florida federal judge on May 3 granted a joint motion for approval and entry of consent decree under which an insurance brokerage firm will pay $100,000 to settle a pregnancy discrimination lawsuit filed by the Equal Employment Opportunity Commission (United States Equal Employment...

Mealey's Labor & Employment - 8th Circuit Panel Affirms Health Care Policy Exclusion Bars 24-Hour In-Home Care

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on May 4 affirmed a Minnesota federal judge's dismissal of a couple's claim that they were improperly denied 24-hour in-home health care, saying that their group health care policy's private-duty nursing exclusion barred such coverage...

Mealey's Labor & Employment - 7th Circuit Upholds Firing Of Assistant Principal With Student Contact Restrictions

CHICAGO - A school district that failed to find a new position for an assistant principal with medical restrictions that included minimal contact with students was not liable for disability discrimination because the employee was not the most qualified candidate for the only job that she was interested...

Mealey's Labor & Employment - 10th Circuit: A Limitation Caused By Disability Is Necessary To Show Bias

DENVER - An employee who was fired following a breakdown and his refusal to return to his position failed to show that the limitations he suffered were caused by his depression, the 10th Circuit U.S. Court of Appeals ruled May 4, affirming a summary judgment ruling for the employer on the employee's...

Mealey's Labor & Employment - California High Court: Employer May Not Force Employee To Work 7 Days A Week

SAN FRANCISCO - Under California's day of rest statutes, an employer may not force an employee to work seven days a week; however, an employee, fully apprised of his or her entitlement, is permitted to choose to work seven days a week, the California Supreme Court ruled May 8 (Christopher Mendoza...

Mealey's Labor & Employment - Federal Circuit Finds Constitutional Flaw In Veterans Access Act

WASHINGTON, D.C. - The portions of the Veterans Access, Choice and Accountability Act (Veterans Access Act) that prohibit review by the full Merit Systems Protection Board (MSPB) of the removal or transfer of senior executives are constitutionally flawed, a Federal Circuit U.S. Court of Appeals panel...

Mealey's Labor & Employment - Arizona Federal Judge Awards $25,000 In Fees, Costs To Plan In Case Lacking Merit

PHOENIX - Applying the five-factor test set forth in Hummell v. S.E. Rykoff & Co., an Arizona federal judge on May 8 awarded $25,000 and interest for attorney fees and costs to a defined benefit retirement plan, less than 95 percent of what the plan was seeking, saying the plaintiff's claims...

Mealey's Labor & Employment - Split 6th Circuit Orders Reconsideration Of Pension Benefits During Military Leave

CINCINNATI - A trial court must reconsider how pension benefits during military leave are calculated, a split Sixth Circuit U.S. Court of Appeals panel ruled May 10, finding that other cases outside of its circuit examining the 12-month look-back rule in the Uniformed Services Employment and Reemployment...

Mealey's Labor & Employment - Groups File Amicus Briefs In 5th Circuit Challenging DOL's New Fiduciary Rule

NEW ORLEANS - The Washington Legal Foundation (WLF) and Thrivent Financial for Lutherans on May 9 filed separate amicus curiae briefs in the Fifth Circuit U.S. Court of Appeals in support of the U.S. Chamber of Commerce and other business group's efforts to reverse a Texas federal judge's ruling...

Mealey's Labor & Employment - 4th Circuit Affirms CBA Wording Kills Retirees' Claim That Benefits Had Vested

RICHMOND, Va. - After a rehearing, a Fourth Circuit U.S. Court of Appeals panel on May 11 affirmed that a federal judge correctly ruled that health benefits for United Steel Workers retirees of a West Virginia aluminum manufacturer did not vest and were properly altered unilaterally by the company because...

Mealey's Labor & Employment - Split 1st Circuit Rules On 2 Arbitration Issues Of First Impression

BOSTON - Deciding two questions of first impression in its circuit, a divided First Circuit U.S. Court of Appeals panel on May 12 ruled that the applicability of the Federal Arbitration Act (FAA) is a threshold question for a court to determine in a case where the parties have delegated questions of...

Mealey's Labor & Employment - High Court Denies Appeal Of Suit Over California City's Overtime Rate Calculation

WASHINGTON, D.C. - The U.S. Supreme Court on May 15 denied a petition for writ of certiorari filed by a California city seeking reversal of a Ninth Circuit U.S. Court of Appeals ruling that the city erred when it failed to include payment for unused benefits when calculating its police officers'...

Mealey's Labor & Employment - 4th Circuit Panel Reverses ERISA Claim Dismissal, Says Factual Development Needed

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on May 11 reversed and remanded a Virginia federal judge's ruling that a benefits director's Employee Retirement Income Security Act claim failed to allege that he testified or gave information in any "inquiry or proceeding,"...

Mealey's Labor & Employment - 11th Circuit Panel: ERISA Doesn't Let Paper Company Sue Pension Fund Over Changes

ATLANTA - In a case of first impression, a three-judge 11th Circuit U.S. Court of Appeals panel ruled May 16 that a corrugated packaging and paper company could not sue a multiemployer pension plan under the Employee Retirement Income Security Act because the statute does not allow employers to sue over...

Mealey's Labor & Employment - Split 3rd Circuit Upholds Denial Of Arbitration Of Overtime Claims

PHILADELPHIA - Two wage claims brought by a proposed class of nursing assistants don't depend on disputed interpretations of provisions in their collective bargaining agreement (CBA), a split Third Circuit U.S. Court of Appeals panel ruled May 18, upholding a denial of arbitration (Tymeco Jones,...