LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Missouri Federal Judge Says Church Plan Exemption Is Not Unconstitutional

ST. LOUIS - A Missouri federal judge on April 23 determined that the church plan exemption under the Employee Retirement Income Security Act is not unconstitutional when applied to a health care company that allegedly underfunded its pension plans (Lisa Feather v. SSM Health Care Corp., et al., No. 16...

Mealey's Labor & Employment - NLRB Jurisdiction Over Indian Casinos Affirmed; Violation Ruling Stands

PASADENA, Calif. - The National Labor Relations Act (NLRA) governs employment at Indian casinos on tribal land, and the National Labor Relations Board reasonably applied the law in finding that a California tribe violated the NLRA by threatening and disciplining workers for handing out union flyers,...

Mealey's Labor & Employment - Claim For Record-Keeping Fees Survives Union Retirement Plan's Dismissal Motion

SANTA ANA, Calif. - Plan participants who brought a class complaint against a union retirement plan may proceed with their claim over record-keeping fees, a California federal judge ruled on April 24, finding that the plaintiffs showed that they had standing and properly stated a claim; however, he dismissed...

Mealey's Labor & Employment - Split 7th Circuit: ADEADisparate Impact Provision Protects Job Applicants

CHICAGO - The disparate impact provision of the Age Discrimination in Employment Act (ADEA) protects both current employees and outside job applicants, a divided Seventh Circuit U.S. Court of Appeals panel ruled April 26, reinstating a lawsuit by an experienced attorney who sued after he was not selected...

Mealey's Labor & Employment - 9th Circuit: Anti-Assignment Provision Bars Surgical Center's Suit For Fees

PASADENA, Calif. - A surgical center suing for payment of services lacks derivative standing to sue the health plan that is refusing to pay under the Employee Retirement Income Security Act because the plan's anti-assignment provision is valid and enforceable, the Ninth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - 4th Circuit Says Employer Must Contribute To Pension Fund For New Employees

RICHMOND, Va. - The Fourth Circuit Court of Appeals on April 26 affirmed a district court's ruling that an employer is required under the Employee Retirement Income Security Act to continue contributing to a pension fund that was placed under a rehabilitation plan because the expiration of a collective...

Mealey's Labor & Employment - Plaintiffs Not Entitled To Jury Trial In Suit Claiming Plan Breached Its Fiduciary Duty

CHICAGO - An Illinois federal judge on April 25 granted a motion to strike a jury demand made by plaintiffs in a proposed class action suit alleging claims for breach of fiduciary duty against a retirement plan after determining that a trial by jury is not available because the relief sought by the plaintiffs...

Mealey's Labor & Employment - California High Court Affirms Class Certification Of Drivers In Wage Dispute

SAN FRANCISCO - A trial court did not abuse its discretion in certifying a class of delivery drivers who allege that they were improperly classified as independent contractors and that the delivery company engaged in unfair and unlawful business practices under California's unfair competition law...

Mealey's Labor & Employment - $5.1 Million Verdict Issued In EEOC Suit Over Forced Religious Participation

NEW YORK - A New York federal jury issued a $5.1 million verdict against an employer sued by the Equal Employment Opportunity Commission for coercing 10 employees to engage in religious practices at work and creating a hostile work environment for nine of them, the EEOC announced on April 26 (Equal Employment...

Mealey's Labor & Employment - Restaurant Agrees To Pay $2.85M To Settle EEOC Age Discrimination Suit

MIAMI - GMRI Inc. has agreed to pay $2.85 million to settle a lawsuit alleging age discrimination in hiring at 35 Seasons 52 restaurants, the Equal Employment Opportunity Commission announced May 3 (United States Equal Employment Opportunity Commission v. GMRI, Inc., No. 15-20561, S.D. Fla.).

Mealey's Labor & Employment - Majority Denies States, AARP Motions To Intervene In DOL Fiduciary Rule Dispute

NEW ORLEANS - A majority of the Fifth Circuit U.S. Court of Appeals on May 2 denied motions by California, New York, Oregon and AARP to intervene in a majority ruling that reversed a Texas federal court's decision rejecting business groups' challenges of the U.S. Department of Labor's "fiduciary...

Mealey's Labor & Employment - Albertsons Sued By EEOC For Implementing No-Spanish Policy

SAN DIEGO - The Equal Employment Opportunity Commission filed a complaint on May 3 in a California federal court on behalf of a class of Hispanic workers accusing a national grocery chain of violating federal law when it enacted a no-Spanish policy (U.S. Equal Employment Opportunity Commission v. Albertsons...

Mealey's Labor & Employment - Plaintiffs Seek To File Amended Complaint In Duke Excessive Fees Suit

GREENSBORO, N.C. - Less than a month after certification of a class of current and former participants in Duke University's retirement plan suing over allegedly excessive fees and the inclusion of imprudent investment funds and less than two weeks after filing a motion for a jury trial, the plaintiffs...

Mealey's Labor & Employment - 11th Circuit: J.C. Penney Manager Failed To Show No Promotion Was Biased

ATLANTA - A loss prevention manager employed by a retail chain who was denied a promotion two years in a row failed to show that the decisions constituted racial discrimination, an 11th Circuit U.S. Court of Appeals panel ruled May 4 (Sherwin Fraser v. J.C. Penney Corporation, Inc., No. 17-13262, 11th...

Mealey's Labor & Employment - D.C. Circuit: Clarification By NLRB Needed In Suit Over Dancer's Firing

WASHINGTON, D.C. - The National Labor Relations Board (NLRB) must clarify its treatment of an administrative law judge's credibility finding in a dispute over a dancer's firing after she spoke up about pay and working conditions, a District of Columbia Circuit U.S. Court of Appeals panel ruled...

Mealey's Labor & Employment - Jury Awards Former Allstate Employee More Than $18.6M In Wrongful Termination Suit

SAN DIEGO - A California jury in a two-phased verdict issued May 3 and May 4 awarded a former insurance company field sales leader more than $18.6 million on claims that he was wrongfully fired following criminal charges that he claimed were filed falsely and were ultimately dropped (Michael A. Tilkey...

Mealey's Labor & Employment - Fire District To High Court: ADEA's Worker Minimum Applies To Political Subdivision

WASHINGTON, D.C. - The Age Discrimination in Employment Act's (ADEA) Section 630(b) 20-employee minimum that applies to private employers also applies to state agencies and political subdivisions of the state, an Arizona fire district argues in its petitioner brief filed May 7 in the U.S. Supreme...

Mealey's Labor & Employment - D.C. Circuit: Union Membership Revocation Requirements Violate The Labor Act

WASHINGTON, D.C. - A new policy implemented by a union requiring members to appear in person with a photo identification and written request to revoke their membership or opt out of dues deduction violates the National Labor Relations Act (NLRA) by restricting members' rights, a District of Columbia...

Mealey's Labor & Employment - 3rd Circuit Affirms Retiree Medical Benefits Properly Terminated

PHILADELPHIA - A Pennsylvania federal judge did not err in granting a retirement plan summary judgment on allegations that it breached its fiduciary duty when ending medical benefits for a retiree who violated a plan provision relating to continued work in the construction industry, the Third Circuit...

Mealey's Labor & Employment - Plan Participants Fail To State Claim for Breach Of Duty To Diversify, Judge Says

HOUSTON - A Texas federal judge on May 9 granted a motion to dismiss filed by the defendants in a class action alleging that a retirement plan breached its duty to diversify and its duty of prudent following a spinoff of the company because the plan did not mandate that the participants' assets remain...

Mealey's Labor & Employment - U.S. High Court Will Decide Railroad Worker's Dispute Over Taxes On Lost Wages

WASHINGTON, D.C. - The U.S. Supreme Court on May 14 agreed to hear an appeal over the payment of employment taxes under the Railroad Retirement Tax Act (RRTA) on a railroad's payment to a worker for time lost from work due to work-related injuries (BNSF Railway Company v. Michael D. Loos, No. 17...

Mealey's Labor & Employment - Citing Ambiguity, Factual Disputes, 6th Circuit Remands Retirement Plan Case

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 10 weighed in on a longstanding dispute between retirees and their retirement plan, writing that because it "cannot discern the contours of the parties' intent" from plan language relating to early retirement reductions for post...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear ERISA Appeal Over Out-Of-Network Services

WASHINGTON, D.C. - The U.S. Supreme Court on May 14 denied a petition for writ of certiorari filed by an out-of-network health care provider denied coverage by an Employee Retirement Income Security Act administrator for more than $11 million in claims that was seeking a ruling on two ERISA-related issues...

Mealey's Labor & Employment - Split U.S. Supreme Court Upholds Class Action Waivers In Arbitration Agreements

WASHINGTON, D.C. - A sharply divided U.S. Supreme Court ruled 5-4 on May 21 in three consolidated cases that arbitration agreements barring class action proceedings must be enforced (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v...

Mealey's Labor & Employment - Panel Says Benefits Are Owed For Amputation Caused By Auto Accident

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 16 reversed a district court's ruling that no benefits are owed under an accidental dismemberment plan after determining that the plan participants met their burden of proving that the amputation of a participant's leg was caused...