LexisNexis® Legal Newsroom
Mealey's Labor & Employment - North Dakota Federal Judge Denies Preliminary Injunction In Suit Over New PBM Laws

FARGO, N.D. - A North Dakota federal judge on Nov. 7 denied a motion for a preliminary injunction brought by a trade association representing pharmacy benefit managers (PBMs) seeking to halt two new state laws regulating the categorization of prescription drugs and requiring PBMs to make certain disclosures...

Mealey's Labor & Employment - 4th Circuit Upholds Employer's Right To Amend Deferred Pay Plan's Crediting Rate

RICHMOND, Va. - An employer acted within its rights and did not violate the Employee Retirement Income Security Act when it amended a deferred compensation plan's applicable crediting rate, affecting all, even retired, plan participants, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 8 ...

Mealey's Labor & Employment - California Company To Pay $105,000 To Settle EEOC Equal Pay Suit

LOS ANGELES - A Santa Ana, Calif.-based business will pay $105,000 to end claims that it paid a female sales representative less than her male co-worker, the Equal Employment Opportunity Commission announced Nov. 15, one day after the consent decree of order was filed in the U.S. District Court for the...

Mealey's Labor & Employment - 9th Circuit: Workweek Average To Reach Pay Rate Doesn't Violate FLSA

SEATTLE - An employer's use of a workweek average to arrive at the appropriate pay rate for employees doesn't violate the Fair Labor Standards Act (FLSA) as it provides employees with wages that meet the minimum wage, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 15, noting that whether...

Mealey's Labor & Employment - Claim Seeking Coverage For Air Ambulance Transport Remanded To Plan Administrator

SACRAMENTO, Calif. - A California federal judge on Nov. 16 remanded an insured's claim seeking coverage for almost $500,000 incurred for the transport of her daughter from a hospital in Mexico to a hospital in Seattle by air ambulance because the plan administrator did not consider all of the available...

Mealey's Labor & Employment - EEOC Wins $55,000 For Employee In Agency's 1st Sexual Orientation Bias Suit

PITTSBURGH - A Pennsylvania pain management and weight loss services provider has been ordered to pay $55,000 in the Equal Employment Opportunity Commission's first sexual orientation discrimination lawsuit, the EEOC announced Nov. 27 (U.S. Equal Employment Opportunity Commission v. Scott Medical...

Mealey's Labor & Employment - U.S. High Court Won't Review Claims That 'Oral Screening' Process Violates ERISA

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 27 denied a petition for writ of certiorari filed by a pro se petitioner who claims that the Ninth Circuit U.S. Court of Appeals' "oral screening" process for handling pro se and other appeals breaches the Employee Retirement Income Security...

Mealey's Labor & Employment - U.S. High Court Won't Disturb 5th Circuit's Ruling In Widow's Life Insurance Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 27 denied a petition for writ of certiorari filed by a widow seeking to have the high court reverse a determination that she was not entitled to the proceeds of a life insurance policy issued to her husband by his former employer, Wal-Mart Stores Inc...

Mealey's Labor & Employment - Former Employee Fails To Show Pension Plan Is Not 'Top-Hat' Plan, Panel Affirms

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Nov. 24 affirmed a lower federal court's finding that the former employee of the University of Pittsburgh Medical Center cannot recover pension benefits under the Employee Retirement Income Security Act because he sought benefits under a top...

Mealey's Labor & Employment - U.S. High Court Hears Dodd-Frank Whistleblower Oral Arguments

WASHINGTON, D.C. - The statutory definition of whistleblower applies to the anti-retaliation provision of the Dodd-Frank Act, Kannon K. Shanmugam of Williams & Connolly in Washington, counsel for Digital Realty Trust Inc., told the U.S. Supreme Court justices during oral argument on Nov. 28 (Digital...

Mealey's Labor & Employment - Pension Plan Participant Files Response To Petition, Says High Court Should Deny Review

WASHINGTON, D.C. - In a Nov. 27 response brief, a pension plan participant urges the U.S. Supreme Court to deny a petition for writ of certiorari filed by a group of affiliated brokers who manage funds on behalf of the pension plan on the basis that the Second Circuit U.S. Court of Appeals correctly...

Mealey's Labor & Employment - New York Federal Judge Grants Plan Participants' Motion For Class Certification

NEW YORK - A New York federal judge on Nov. 27 granted a motion for class certification filed by plaintiffs alleging that a retirement plan's administrative and investment committees breached their fiduciary duties by selecting company-affiliated mutual funds as plan investments rather than other...

Mealey's Labor & Employment - Disabled Retiree Asks U.S. High Court To ReviewERISA Forum-Selection Dispute

WASHINGTON, D.C. - A retiree seeking reinstatement of his terminated health benefits under the Employee Retirement Income Security Act and asking the U.S. Supreme Court to decide a forum-selection dispute is not likely to have his petition for writ of certiorari granted and so no stay should be issued...

Mealey's Labor & Employment - 5th Circuit Upholds Ruling For Landscaping Company Accused Of Retaliatory Firing

NEW ORLEANS - A landscaping supervisor who alleges that he was terminated after alleging that he was shorted pay failed to show that he engaged in any activities protected by Title VII of the Civil Rights Act of 1964, a Fifth Circuit U.S. Court of Appeals panel ruled Nov. 28, affirming the summary judgment...

Mealey's Labor & Employment - 6th Circuit Upholds Ruling For GM In Employee's Religious Bias Suit

CINCINNATI - An employee who was suspended after allegedly threatening his supervisor failed to show that the employer's given reason was pretextual and that the real reason was because of his religious beliefs that prevented him from working on Saturdays, his degenerative joint disease and an earlier...

Mealey's Labor & Employment - Magistrate Judge Recommends Dismissing Back Surgery Health Care Coverage Action

DENVER - A woman's ERISA suit seeking $377,233.50 for multilevel fusion surgery fails, first because the doctor who performed the procedure failed to exhaust administrative remedies and because the insured has not shown that her insurer erred in denying coverage sought by other doctors, a federal...

Mealey's Labor & Employment - 3rd Circuit Overturns Barnes, Issues New Ruling On Seafarers' Contracts

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel of 12 judges on Dec. 4 overruled its decision in Barnes v. Andover Co., L.P. and held that where a seafarer freely enters a union contract, courts may not review that contract piecemeal unless there is evidence that the collective bargaining...

Mealey's Labor & Employment - U.S. High Court Denies Pro Se Petition By Casino Worker Alleging Harassment

WASHINGTON, D.C. - A Las Vegas casino worker who filed a second pro se complaint against her employer alleging harassment after her first was dismissed with prejudice failed to convince the U.S. Supreme Court to hear her appeal; her petition was denied Dec. 4 (Adrienne A. Burch v. Bellagio Hotel and...

Mealey's Labor & Employment - U.S. Supreme Court Won't Rule On USERRA Actions In State Court

WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 4 denied a petition for writ of certiorari filed by a Virginia state police trooper who claims that he was improperly denied a promotion due to his military service (Jonathan R. Clark v. Virginia Department of State Police, No. 16-1043, U.S. Sup.).

Mealey's Labor & Employment - Magistrate Approves Modified Settlement Agreement In FLSA Dispute With Franchisor

ROCHESTER, N.Y. - A federal magistrate judge in New York on Dec. 1 approved employees' motion for final approval of a modified $1.7 million class action settlement that increased the payout to the class members in a lawsuit alleging that their franchisor and franchisee employers violated the Fair...

Mealey's Labor & Employment - 1st Circuit Panel Finds Muslim School Teacher Failed To Prove Religious Bias

BOSTON - A school teacher who converted to Islam the same year she began teaching in a Massachusetts city and alleges that more than a decade later she became the target of hostile treatment after she started wearing a headscarf at work failed to show that the city's reasons for her adverse employment...

Mealey's Labor & Employment - Dave & Buster's $7.4M ERISA Settlement Denied By New York Federal Judge

NEW YORK - A New York federal judge, in an order filed Dec. 1, declined preliminary approval of a class settlement worth up to $7,425,000 offered by Dave & Buster's Inc. to end claims that the nationwide restaurant/entertainment chain violated the Employee Retirement Income Security Act by reducing...

Mealey's Labor & Employment - Judge Permits ACA, ERISA Claims Challenging Insurer's Lactation Services Coverage

CHICAGO - Three women may largely proceed with their class action claiming that their health insurance company erected insurmountable barriers rendering it impossible to procure in-network lactation services and imposed illegal cost-sharing on out-of-network services in violation of the Patient Protection...

Mealey's Labor & Employment - Panel Says Plan Participant Could Recover Premiums If There Was A Plan Violation

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 6 reversed and remanded a district court's dismissal of a health care plan participant's claim seeking to recover premiums paid under the plan after determining that a restitutionary claim for premiums under the Employee Retirement...

Mealey's Labor & Employment - Illinois Federal Judge Dismisses All State Law Claims In 'Church Plans' Class Suit

CHICAGO - Plaintiffs' attempt to bring alternative claims under state law in an Employee Retirement Income Security Act class suit that alleges that two defined-benefits plans were improperly classified as "church plans" creates an "absolute conflict," an Illinois federal judge...