LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 7th Circuit Reinstates Firefighter's Hostile Environment, Retaliation Claims

CHICAGO - A Chicago firefighter may proceed with his claims that he was improperly exposed to a hostile work environment and then made to jump through extra hoops to return from a medical leave due to his complaints, a Seventh Circuit U.S. Court of Appeals panel ruled July 20 (Roberto G. Alamo v. Charlie...

Mealey's Labor & Employment - 2nd Circuit: FMLA Retaliation Claims Require Motivating Factor Causation Standard

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 19 vacated a jury verdict for an employer in a Family and Medical Leave Act (FMLA) lawsuit, finding that the retaliation claims brought by the employee required only a "motivating factor" causation standard and that the employee...

Mealey's Labor & Employment - 6th Circuit Affirms $314,000 Grant Of Additional Benefits In Life Insurance Case

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on July 18 affirmed a Michigan federal judge's ruling granting $314,000 in additional life insurance benefits in an Employee Retirement Income Security Act breach of fiduciary duty case alleging that a fiduciary made material representations...

Mealey's Labor & Employment - 8th Circuit Panel Affirms Denial Of Spousal Benefits, Accidental Death Claims

ST. LOUIS - In an opinion filed July 24, an Eighth Circuit U.S. Court of Appeals panel ruled that an Arkansas federal judge did not err in upholding an insurer's denial of a woman's claims for accidental death and spousal benefits, saying that because her husband was not on a business trip at...

Mealey's Labor & Employment - Bass Pro Will Pay $10.5M To End EEOC Bias Hiring, Retaliation Claims

HOUSTON - Bass Pro Outdoor World LLC will pay $10.5 million to settle a hiring discrimination and retaliation "pattern or practice" lawsuit filed by the Equal Employment Opportunity Commission on behalf of 50,000 job applicants, according to a consent decree filed in the U.S. District Court...

Mealey's Labor & Employment - Judge Dismisses Tribe's ERISA Claims Against Blue Cross Blue Shield

ANN ARBOR, Mich. - A Native American tribe cannot pursue claims that its health care plan administrator violated the Employee Retirement Income Security Act (ERISA) by failing to charge the tribe Medicare-like rates for contracted services at a hospital because the tribe waited too long to sue, a Michigan...

Mealey's Labor & Employment - U.S. Department Of Justice States No Title VII Protection For Sex Orientation Bias

NEW YORK - The U.S. Department of Justice on July 26 filed an amicus curiae brief in the Second Circuit U.S. Court of Appeals on behalf of the United States stating that Title VII of the Civil Rights Act of 1964 does not protect from discrimination based on sexual orientation (Melissa Zarda, co-independent...

Mealey's Labor & Employment - 5th Circuit Finds T-Mobile Recording Policy Prohibits Employees From Unionizing

NEW ORLEANS - A telecommunications company's policy barring recording in the workplace prohibits employees from exercising unionizing rights, the Fifth Circuit U.S. Court of Appeals ruled July 25, enforcing in part an order by the National Labor Relations Board (NLRB) (T-Mobile USA, Incorporated...

Mealey's Labor & Employment - DOL Files Amicus Brief Supporting Plaintiff Seeking Reformation Of Plan Document

CINCINNATI - The U.S. Department of Labor (DOL) on July 28 filed an amicus curiae brief in the Sixth Circuit U.S. Court of Appeals in support of a plaintiff seeking reformation of a plan document, saying that a Michigan federal judge erred when he granted the plan summary judgment on the reformation...

Mealey's Labor & Employment - Split 9th Circuit Reinstates Hostile Environment Claim By Worker Alleging Rape

SEATTLE - An employee of the Idaho Department of Corrections (IDOC) who claims that she was raped by a co-worker may proceed to trial with her Title VII of the Civil Rights Act of 1964 hostile work environment claim, a split Ninth Circuit U.S. Court of Appeals panel ruled July 31, partially reversing...

Mealey's Labor & Employment - 11th Circuit Rejects Appeals By Unnamed Former Dukes Plaintiffs As Untimely, Moot

ATLANTA - Unnamed plaintiffs in a suit stemming from Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), that alleged gender discrimination and sought certification of regional classes, filed an untimely appeal of the dismissal of class claims, an 11th Circuit U.S. Court of Appeals panel ruled Aug....

Mealey's Labor & Employment - Petition For Cert Planned On 9th Circuit's Split Ruling In Tribal Jurisdiction Row

SAN FRANCISCO - The question of whether tribal courts have jurisdiction over an employment dispute involving two public schools located on tribal land is heading to the U.S. Supreme Court, according to an amended Ninth Circuit U.S. Court of Appeals opinion filed Aug. 3 and a previous order staying judgment...

Mealey's Labor & Employment - D.C. Circuit Refuses Enforcement Of NLRB's Fred Meyer Union Ruling

WASHINGTON, D.C. - Calling a ruling by the National Labor Relations Board (NLRB) on a dispute between a retailer and its employees' union "a complete failure to reasonably reflect upon the information contained in the record and grapple with contrary evidence," a District of Columbia Circuit...

Mealey's Labor & Employment - 5th Circuit Orders Trial Court To Decide Fluctuating Workweek Application At Trial

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 4 reversed the dismissal of two plaintiffs in an overtime suit, finding that the applicability of the fluctuating workweek method must be decided at trial as alternating hours, as claimed by the plaintiffs, does not necessarily qualify...

Mealey's Labor & Employment - 3rd Circuit Reinstates Race Bias Suit Due To Court's 'Significant Procedural Defect'

PHILADELPHIA - A trial court's treatment of a motion to enforce in a racial bias suit that was reviewed by a federal magistrate judge constituted a "significant procedural defect" under the Federal Magistrates Act, the Third Circuit U.S. Court of Appeals ruled Aug. 2, vacating the trial...

Mealey's Labor & Employment - 8th Circuit Panel Says ERISA Plan Can Bring Claim Against Blanket Insurer

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Aug. 3 ruled that an Employee Retirement Income Security Act plan can bring a declaratory judgment claim to enforce the plan's coordination of benefits provision against a blanket insurer in a dispute over whether the plan or the insurer...

Mealey's Labor & Employment - 9th Circuit Finds Nordstrom Employees Failed To Show They Had To Work 7 Days A Week

PASADENA, Calif. - Two workers who claimed that their employer, Nordstrom Inc., violated California law failed to show that they were forced to work more than six consecutive days in any one work week, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Christopher Mendoza, et al. v. Nordstrom...

Mealey's Labor & Employment - Split Panel Remands CNN Joint Employer Finding, Upholds Successor Employer Finding

WASHINGTON, D.C. - A split District of Columbia Circuit U.S. Court of Appeals panel on Aug. 4 denied enforcement of a National Labor Relations Board's (NLRB) finding that CNN America Inc. was a joint employer of technicians hired by a contractor because the NLRB failed to explain its reasoning, but...

Mealey's Labor & Employment - 11th Circuit: Arbitration Agreement Signed After Class Suit Is Valid

ATLANTA - An arbitration agreement signed by an employee after he already filed a class complaint against his employer over a background check is valid and prevents the lawsuit from proceeding, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (William Jones, et al. v. Waffle House, Inc., et al., No...

Mealey's Labor & Employment - New York Federal Judge Tosses Age Discrimination Claims Against Hotel Group

NEW YORK - A New York federal judge on Aug. 4 granted a motion to dismiss age discrimination claims against a hotel group, saying that the plaintiff failed to state any facts that would support an argument that the defendant acted with discriminatory intent (Gregory Rooney v. VHM LLC, et al., No. 16...

Mealey's Labor & Employment - Pennsylvania Federal Judge Says 401(k) Lawsuit Cannot Proceed As Class Action

PHILADELPHIA - A Pennsylvania federal judge on Aug. 7 ruled in an issue of first impression for the Third Circuit that a 401(k) plan participant's lawsuit against a company, its retirement plan and its administrators may not proceed as a class action because the plaintiff has failed to allege that...

Mealey's Labor & Employment - 7th Circuit Panel Affirms Woman's Illinois State Law Claims Preempted By ERISA

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 10 affirmed that a woman's Illinois state law wage claim is completely preempted by the Employee Retirement Income Security Act because she could have brought her claim under ERISA and because her claims did not implicate a legal duty...

Mealey's Labor & Employment - Split 7th Circuit Panel: ERISA Plan Forum-Selection Clauses Enforceable

CHICAGO - A split Seventh Circuit U.S. Court of Appeals panel on Aug. 10 denied a petition for writ of mandamus asking it to transfer an Employee Retirement Income Security Act lawsuit back to Pennsylvania federal court, ruling in a case of first impression for the circuit that a forum-selection clause...

Mealey's Labor & Employment - 2nd Circuit: Pension Plan Amendment Didn't Violate Anti-Cutback Provision

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Aug. 14 affirmed that an amendment to a pension plan did not violate the anti-cutback provision of the Employee Retirement Income Security Act because the amendment did not decrease a participant's accrued benefits (Vincent Morrone v. The...

Mealey's Labor & Employment - 11th Circuit Vacates Ruling Relating To Labs' Claims Over Self-Funded Plans

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 14 vacated a Florida federal judge's dismissal of laboratory companies' claims relating to self-funded health care plans, saying that the contractual question of whether an assignment of benefits covers self-funded plans is best addressed...