LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Plan Participants Failed To Prove Defendants Were Performing Fiduciary Functions

BOSTON - A Massachusetts federal judge on Sept. 22 granted a motion to dismiss for failure to state a claim filed by an employee pension benefit plan's trustee and the plan's servicer after determining that the plan participants failed to prove that the defendants were exercising a fiduciary...

Mealey's Labor & Employment - U.S. Supreme Court To Decide If 'Service Advisors' Are Exempt Under FLSA

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 28 agreed to hear an appeal concerning whether "service advisors" at car dealerships are exempt from the Fair Labor Standards Act's (FLSA) overtime pay requirements (Encino Motorcars, LLC v. Hector Navarro, et al., No. 16-1362, U.S. Sup...

Mealey's Labor & Employment - U.S. Supreme Court Requests Pension Plan Participant File Response To Petition

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 26 requested that a pension plan participant file a response to a petition for writ of certiorari filed by a group of affiliated brokers who manage funds on behalf of the pension plan and seek the high court's review of the Second Circuit U.S. Court...

Mealey's Labor & Employment - 5th Circuit Enforces Ruling That New Employer Was Perfectly Clear Successor

NEW ORLEANS - A company that succeeded another one as the staffing provider for New Orleans garbage trucks was a "perfectly clear" successor and violated the National Labor Relations Act (NLRA) by refusing to recognize the union already representing the workers and by failing to provide sufficient...

Mealey's Labor & Employment - D.C. Federal Judge: Children's Consignment Franchise Volunteers Must Be Paid As Employees

WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 26 upheld a determination by the U.S. Department of Labor (DOL) that an Arkansas-based company and its franchises that run children's consignment sales around the country must pay its consignor/volunteers as employees (Rhea Lana, Inc...

Mealey's Labor & Employment - U.S. High Court Will Decide If Public-Sector Agency Fee Is Unconstitutional

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 28 granted a petition for writ of certiorari in an appeal seeking to have Abood v. Detroit Board of Education, 431 U.S. 209 (1977), overruled and public-sector agency fee arrangements declared unconstitutional under the First Amendment to the U.S. Constitution...

Mealey's Labor & Employment - Ex-Tribal Worker Challenging Sovereign Immunity Ruling Turned Down By High Court

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for a writ of certiorari filed by a longtime employee of an Alabama Indian tribe seeking review of a federal court's dismissal of an age discrimination claim she leveled against the tribe after she was fired (Christine J. Williams...

Mealey's Labor & Employment - High Court Denies ABB's Petition To Review Ruling On Calculation Of Losses

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied ABB Inc.'s petition for a writ of certiorari, refusing to review the Eighth Circuit U.S. Court of Appeals' ruling that ABB fiduciaries abused their discretion and breached their fiduciary duties in choosing investment options for their...

Mealey's Labor & Employment - Supreme Court Won't Hear Chrysler Executives' Age Discrimination Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by former Chrysler Corp. executives who lost benefits under the company's retirement plan asking the high court to determine whether a state law age discrimination claim relating to employee benefits...

Mealey's Labor & Employment - No Preliminary Injunction For Retirees Looking To Enforce Health Care Settlements

RICHMOND, Va. - A class of retirees and their eligible family members suing a corporation in an effort to enforce the terms of a prior health care class settlement failed to show that a preliminary injunction is necessary, a Fourth Circuit U.S. Court of Appeals panel ruled Sept. 28, holding that while...

Mealey's Labor & Employment - U.S. Supreme Court Hears Arguments In 3 Class Action Waiver Suits

WASHINGTON, D.C. - The attorney representing employers in two of three consolidated cases over collective and class action arbitration waivers before the U.S. Supreme Court on the morning of Oct. 2 told the justices that arbitration agreements that allow for only individual arbitration must be found...

Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In Multiple Employment-Related Appeals

WASHINGTON, D.C. - The U.S. Supreme Court issued orders on Oct. 2 and denied petitions for writ of certiorari in numerous employment-related cases.

Mealey's Labor & Employment - High Court Declines Appeal Of Suit Over Contributions To Multiemployer Funds

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by RiverStone Group Inc. asking that the high court decide whether Section 515 of the Employee Retirement Income Security Act requires an employer to continue contributing to a Taft-Hartley fund for hours...

Mealey's Labor & Employment - U.S. High Court Won't Review 5th Circuit Ruling Finding ADEA Bars Damages

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by an employee asking the high court to overturn a decision by the Fifth Circuit U.S. Court of Appeals holding that no damages beyond lost wages are available in retaliation cases under the Age Discrimination...

Mealey's Labor & Employment - NLRB Submits Correction To Supreme Court Following Class Action Waiver Arguments

WASHINGTON, D.C. - On Oct. 3, one day after the U.S. Supreme Court heard consolidated oral arguments for three cases addressing collective and class action arbitration waivers, general counsel for the National Labor Relations Board submitted a letter to the Supreme Court clerk correcting a portion of...

Mealey's Labor & Employment - Federal Judge Partially Rejects Magistrate's Report In MIT ERISA Plan Case

BOSTON - After considering objections from both sides, a Massachusetts federal judge on Sept. 29 partially accepted and adopted and partially rejected a magistrate judge's report and recommendation in a lawsuit brought against a university and its defined-contribution plan alleging breach of fiduciary...

Mealey's Labor & Employment - Franchisee Not Entitled To Another 'Bite At The Apple' In Employment Benefits Suit

BOSTON - The First Circuit U.S. Court of Appeals on Sept. 29 affirmed a federal district court's finding that under the principles of res judicata, it was bound by a Georgia court judgment in favor of a cleaning franchisor in a dispute over the unit franchisee's classification for the purposes...

Mealey's Labor & Employment - Attorney General Issues Memo Withdrawing 2014 Transgender Title VII Protections

WASHINGTON, D.C. - Attorney General Jeff Sessions issued a memorandum on Oct. 4, withdrawing a December 2014 memorandum that the then-Attorney General Eric Holder had issued, which opined that Title VII of the Civil Rights Act of 1964 encompasses gender identity per se.

Mealey's Labor & Employment - 11th Circuit Reinstates Wage Suit By Son Who Shadowed Father

ATLANTA - A son who shadowed his father at work for 15 months and then sued for wages following his father's termination may proceed with his claims as his evidence shows that he may have been a trainee during some of the time and an employee during other times, an 11th Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Infection That Caused Loss Of Eye Was Not 'Accident' Under Policy, Panel Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 6 affirmed a lower federal court's finding that a fungal infection that eventually caused a claimant to lose his eye was not an "accident" under his employer's accidental death and dismemberment and life insurance policy...

Mealey's Labor & Employment - Employee's Attorney Asks High Court To Find Age Bias Appeal Was Timely

WASHINGTON, D.C. - Only Congress can set the jurisdiction of trial courts under the nation's constitutional structure, and based on that principle, Federal Rule of Appellate Procedure 4(a)(5)(C) is nonjurisdictional, the attorney representing an employee in an age bias dispute argued Oct. 10 before...

Mealey's Labor & Employment - 5th Circuit Rejects Fired School Counselor's Disability Bias, Other Claims

NEW ORLEANS - A fired school counselor who complained of medical issues that prevented him from standing for long periods of time failed to show that his termination was the result of disability discrimination or his filing of a complaint with the Equal Employment Opportunity Commission, a Fifth Circuit...

Mealey's Labor & Employment - 11th Circuit Says Plan Did Not Have Actual Knowledge Of Employee's Incompetence

ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 10 affirmed a district court's grant of summary judgment in favor of a retirement plan administrator after determining that the administrator's refusal to reinstate an employee's retirement benefits, based on the fact that the employee...

Mealey's Labor & Employment - Panel Says Pension Plan Participants Lacked Standing Once Plan Was Overfunded

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Oct. 12 determined that a Minnesota federal judge properly dismissed a putative class action filed by pension plan participants alleging violations of the Employee Retirement Income Security Act because once the plan was overfunded, the plaintiffs...

Mealey's Labor & Employment - Panel Affirms Dismissal, Says Plan Participant Failed To Prove Breach Occurred

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 11 affirmed a Connecticut federal judge's dismissal of a retirement plan participant's suit alleging that the plan's service provider breached its fiduciary duties, determining that the plan participant failed to prove that a fee...