LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 6th Circuit: Nursing Home's Management Company Isn't Liable For WARN Act Violations

CINCINNATI - A management company that was hired to turn around a nursing home suffering from health and safety violations, but failed to do so, is not liable for Worker Adjustment and Retraining Notification (WARN) Act violation claims brought by a class of employees because it was not the employer...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Dismissal Of Lawsuit On Statute Of Limitations Grounds

BOSTON - A Second Circuit U.S. Court of Appeals panel on Aug. 22 affirmed a Connecticut federal judge's dismissal of a lawsuit brought by a participant in a health care benefit plan covered by the Employee Retirement Income Security Act who did not promptly receive requested documents pertaining...

Mealey's Labor & Employment - 8th Circuit Panel Affirms Fund Has Right To Part Of Wrongful Death Settlement

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 22 affirmed that a laborers union health and welfare fund had a right to a portion of a settlement attributable to medical expenses, agreeing with a Minnesota federal judge that the fund had a first-priority subrogation interest in that...

Mealey's Labor & Employment - 6th Circuit Panel Affirms Total Permanent Disability Benefit Was Discontinued

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Aug. 22 affirmed a Michigan federal judge's ruling that a participant was not entitled to additional benefits under Chrysler Corp.'s accident insurance plan because the total permanent disability benefit was discontinued by the plan...

Mealey's Labor & Employment - Judge: EEOC Employee Wellness Program Disclosure Rule Lacks Support

WASHINGTON, D.C. - The Equal Employment Opportunity Commission simply co-opted existing standards in concluding that a 30 percent incentive for disclosing certain protected information to employee health programs was not coercive rather than considering the impact the rule would have in different settings...

Mealey's Labor & Employment - Merged Funeral Homes Found To Be Single Employer, Ordered To Arbitrate

CHICAGO - Two funeral home companies that were owned by the same parties, merged and then ceased operations were a single employer and failed to show that the combined employees amounted to one individual, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 28, rejecting the employer's attempt...

Mealey's Labor & Employment - 9th Circuit: Firing After Sleep Apnea Diagnosis Doesn't Constitute Disability Bias

PASADENA, Calif. - A railway worker who was diagnosed with sleep apnea after he was facing discipline for numerous absences and was ultimately terminated due to those absences failed to show that he was a victim of disability discrimination, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 25 ...

Mealey's Labor & Employment - New York Federal Judge Cuts Breach Of Loyalty Claims In NYU Lawsuit

NEW YORK - A New York federal judge on Aug. 25 dismissed several claims in an Employee Retirement Income Security Act class action lawsuit against New York University, saying that the plaintiffs failed to plead sufficient facts to support their claims that the university breached its duty of loyalty...

Mealey's Labor & Employment - 8th Circuit Panel Affirms Right To Collect Fringe Benefits Contributions

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 29 affirmed a Minnesota federal judge's decision that a trades service association has a right to collect fringe benefit contributions due under a collective bargaining agreement (CBA), saying that the Employee Retirement Income Security...

Mealey's Labor & Employment - DOL Proposes Extension Of Transition Rule Period For Fiduciary Rule Exemptions

WASHINGTON, D.C. - The U.S. Department of Labor's Employee Benefits Security Administration on Aug. 31 published in the Federal Register a proposed 18-month extension from Jan. 1, 2018, to July 1, 2019, of the special transition period for the fiduciary rule's Best Interest Contract Exemption...

Mealey's Labor & Employment - 8th Circuit: No Hostile Environment Where Employee Doesn't File Any Complaints

ST. LOUIS - An employee who exchanged "I love yous" with her superior and occasionally touched him in a platonic manner and failed to file any complaints about his conduct creating a hostile work environment until she filed a federal complaint against her employer after she resigned cannot...

Mealey's Labor & Employment - 10th Circuit: Employer's New Theory Revives Unlawful Interference Claim

DENVER - An unlawful interference claim against an employer that was determined to be moot by a trial court may be revived when an employer asserts a new theory against the former employee that the Equal Employment Opportunity Commission regards as a continuation of the unlawful interference, a 10th...

Mealey's Labor & Employment - Split 6th Circuit: No Difference Between Terminating Grievance, Holding In Abeyance

CINCINNATI - Termination of grievance proceedings has already been characterized, in EEOC v. SunDance Rehabilitation Corp., 466 F.3d 490, 498 (6th Cir. 2006), as an adverse employment action and because holding proceedings in abeyance is not materially different, a trial court erred in ruling for an...

Mealey's Labor & Employment - Firing For Refusing To Sign Unlawful Confidentiality Agreement Violates NLRA

NEW YORK - An employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) when it terminates an employee for refusing to agree to an unlawful confidentiality agreement, a Second Circuit U.S. Court of Appeals panel ruled Aug. 31 (National Labor Relations Board v. Long Island Association...

Mealey's Labor & Employment - 7th Circuit Vacates Certification Of Health Plan Participants Suing Insurer

CHICAGO - A trial court that certified a class of participants who filed a breach of fiduciary duty lawsuit against a mutual insurance company for allegedly using premiums it obtained through payments made by them for health care coverage to enrich itself failed to address glaring issues, a Seventh Circuit...

Mealey's Labor & Employment - Former Administrator Cannot Sue As Individual Under ERISA, 7th Circuit Affirms

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Sept. 5 affirmed a lower federal court's dismissal of a former pension plan administrator's claim under the Employee Retirement Income Security Act because he is suing as a private individual and not a fiduciary, but vacated the dismissal...

Mealey's Labor & Employment - Court: ACA Lifetime Benefit Cap Provision Doesn't Cover ERISA Retiree Plan

PASADENA, Calif. - The Patient Protection and Affordable Care Act (ACA)'s ban on lifetime benefit maximums does not apply to retiree plans governed by the Employee Retirement Income Security Act, but the plan documents are sufficiently confusing to state a cause of action, a Ninth Circuit U.S. Court...

Mealey's Labor & Employment - Doctor, Medical Practice Do Not Have Standing To Assert Claims Against Patient's Plan

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 6 affirmed a district court's ruling that a doctor and a medical practice do not have standing to assert claims against a patient's health care plan because the patient did not assign his or her rights to the doctor and the medical...

Mealey's Labor & Employment - 11th Circuit Affirms Rulings In Favor Of Employer In ERISA Dispute

ATLANTA - The 11th Circuit U.S. Court of Appeals on Sept. 8 found that a lower federal court did not err in striking two paragraphs of a plainitff's declaration filed in opposition to his former employer's motion for summary judgment in an Employee Retirement Income Security Act lawsuit, further...

Mealey's Labor & Employment - Majority Grants Deference To Plan Administrator's Pension Benefit Calculation

PHILADELPHIA - A majority of the Third Circuit U.S. Court of Appeals on Sept. 15 held that an ambiguous pension plan accords the plan administrator discretion to interpret the plan terms and the mere existence of a conflict of interest is not sufficient enough to raise skepticism of the administrator's...

Mealey's Labor & Employment - Texas Federal Judge Finds Health Plan Must Cover Weight Loss Surgery

HOUSTON - A health plan beneficiary is owed full coverage for a gastric bypass surgery and a follow-up surgery and care required after she experienced complications, a Texas federal judge ruled Sept. 14, finding that the beneficiary's evidence that she has experienced nausea and vomiting placed her...

Mealey's Labor & Employment - 7th Circuit: Firing Just After PTSD Disclosure Is Not Discriminatory

CHICAGO - A decision by the Indiana Department of Transportation (INDOT) to fire a more than 20-year employee shortly after he disclosed a post-traumatic stress disorder (PTSD) diagnosis did not constitute disability discrimination, a Seventh Circuit U.S. Court of Appeals panel ruled Sept. 18 (Jeff Monroe...

Mealey's Labor & Employment - Judge Orders More Discovery Into Jurisdiction In Health Insurance Billing Spat

ALBUQUERQUE, N.M. - A critical care emergency medical transport company is entitled to further jurisdictional discovery into the individuals involved in denying its health insurance claim and where a defendant defends suits, a federal magistrate judge held Sept. 18 (Med Flight Air Ambulance Inc. v. MGM...

Mealey's Labor & Employment - Most Of Fiduciary Duty Claims Survive Dismissal Motions By Piggly Wiggly Defendants

CHARLESTON, S.C. - A South Carolina federal judge on Sept. 19 trimmed claims challenging above-market leases and excessive executive compensation, but otherwise denied motions to dismiss filed by Piggly Wiggly Carolina Co. Inc. (PWCC), its former executives and two other individuals sued by former employees...

Mealey's Labor & Employment - Texas Federal Judge Allows Breach Of Fiduciary Duty Claims To Proceed

SHERMAN, Texas - A Texas federal judge on Sept. 19 refused to dismiss a plaintiff's breach of fiduciary claims arising out of a health care plan's denial of coverage for autism treatments because the fiduciary claims are not disguised benefits claims and the plaintiff alleged sufficient facts...