LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Oklahoma Top Court: No Preemption Where ERISA Plan Is 'Factual Backdrop'

OKLAHOMA CITY - On remand, a trial court must consider whether a woman's class action claiming that a hospital improperly sought collection from her in violation of its contract with her insurer invokes an Employee Retirement Income Security Act plan or whether the plan is merely part of the "factual...

Mealey's Labor & Employment - Massachusetts Federal Judge Grants Summary Judgment To Fidelity Management Trust

BOSTON - A Massachusetts federal judge on June 19 granted Fidelity Management Trust Co.'s motion for summary judgment in a class action alleging that Fidelity breached its fiduciary duties pursuant to the Employee Retirement Income Security Act by mismanaging the Fidelity Group Employee Benefit Plan...

Mealey's Labor & Employment - Massachusetts Federal Judge Dismisses Remaining Claims In ERISA Class Action

BOSTON - A Massachusetts federal judge on June 19 dismissed the remaining claims in an Employee Retirement Income Security Act class action, saying that the plaintiffs have failed to show that the defendants breached their duties of loyalty and prudence and failed to make a prima facie showing of loss...

Mealey's Labor & Employment - Split High Court: District Court Must Review 'Mixed' Civil Service Case

WASHINGTON, D.C. - Review of a dismissal of a mixed case by the Merit Systems Protection Board (MSPB) where, like the present case, an employee complains of adverse action prompted at least in part by the employing agency's violation of federal anti-discrimination laws must occur in the district...

Mealey's Labor & Employment - 7th Circuit: Claim Of Race Bias Under Little-Used Statute Must Show Adverse Action

CHICAGO - A racial bias claim brought by the Equal Employment Opportunity Commission on behalf of a sales manager who claimed that he was transferred out of a particular store because he was a different race than the surrounding neighborhood fails as the claimant must show an action that adversely affected...

Mealey's Labor & Employment - New York Federal Judge Dismisses ERISA Lawsuit Over Excessive Advice Fees

NEW YORK - A New York federal judge on June 21 dismissed an Employee Retirement Income Security Act putative class action that alleged that a record keeper's advice arrangement constituted a breach of fiduciary duty resulting in excessive fees, saying that the plaintiff failed to allege facts showing...

Mealey's Labor & Employment - U.S. High Court Will Decide On Reach Of Dodd-Frank's Whistleblower Provision

WASHINGTON, D.C. - The U.S. Supreme Court on June 26 agreed to decide whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010's whistleblower provision extends to individuals who have not reported the alleged misconduct to the Securities and Exchange Commission (Digital Realty...

Mealey's Labor & Employment - 2nd Circuit Panel Denies Appeal Of Ruling Certifying J.P. Morgan ERISA Class

NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 denied a petition to appeal a New York federal judge's order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying "an immediate appeal is...

Mealey's Labor & Employment - 9th Circuit: Arbitration Agreement Doesn't Moot Retaliatory Discharge Suit

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on June 26 reversed a trial court's ruling that an employee's retaliatory discharge complaint against Neiman Marcus Group Inc. was mooted by a mandatory arbitration agreement and remanded for further proceedings (Tayler Bayer v. Neiman Marcus...

Mealey's Labor & Employment - Connecticut Judge Grants Injunction For Union Workers In Medical Coverage Dispute

HARTFORD, Conn. - A Connecticut federal judge on June 27 granted union employees' motion for a preliminary injunction and ordered Honeywell International Inc. to reinstate previously existing medical coverage benefits, saying that the threat of termination and the actual termination of medical coverage...

Mealey's Labor & Employment - School Workers' Row Sent To Tribal Commission By Split 9th Circuit

SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals on June 28 sent an employment dispute involving two school districts on tribal land back to the tribe's labor commission to decide whether it has jurisdiction to decide the employees' claims for merit pay and violation of the tribe's...

Mealey's Labor & Employment - 10th Circuit: Temp Agency, Business Cleared In Firing After Cancer Diagnosis

DENVER - A staffing agency and business that terminated the temporary employment of a worker after she missed a significant amount of work following a cancer diagnosis were properly cleared in a case accusing them of disability discrimination, a 10th Circuit U.S. Court of Appeals panel ruled July 6 ...

Mealey's Labor & Employment - 7th Circuit Upholds Arbitrators' Awards Against Hyatt In Union Disputes

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on July 6 upheld awards by two arbitrators in favor of a union in disputes over bargaining unit work being performed by supervisors, finding that the awards don't prevent pending and future disputes regarding the same issue from being arbitrated...

Mealey's Labor & Employment - Split Labor Board Denies Reviews Of Bargaining Units That Include Student Employees

WASHINGTON, D.C. - A split National Labor Relations Board issued two orders on July 6 declining to review regional directors' direction of election for two school bargaining units that include student employees (The New School and Student Employees at the New School-SENS UAW, No. 02-RC-143009, NLRB...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Foot Locker Pension Plan Must Be Reformed

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 6 affirmed a New York federal judge's ruling in favor of a class of about 16,000 former and current employees of Foot Locker Inc. seeking additional pension benefits, holding that classwide relief in the form of reformation does not...

Mealey's Labor & Employment - 11th Circuit Panel Says Death Benefits Award To Widow, Conservator Proper

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on July 6 ruled that a Georgia federal judge properly granted death benefits to a widow and her conservator, saying that the decedent's son failed to show any reversible error in that decision (Metropolitan Life Insurance Co. v. Devin Lanier Waddell...

Mealey's Labor & Employment - 3rd Circuit Reinstates Age Bias Claims Brought By 2 Of 5 Temp Employees

PHILADELPHIA - Two out of five temporary employees who allege that they were denied full-time employment due to their age presented sufficient evidence of bias after they were skipped over for positions despite sufficient rankings and may proceed with their claims, a Third Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - En Banc 5th Circuit Will Consider Standard Of Review For ERISA Benefits Denial

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on July 10 agreed to rehear en banc a case involving the proper standard of judicial review of a denial of benefits under a health plan governed by the Employee Retirement Income Security Act (Ariana M. v. Humana Health Plan of Texas Inc., No. 16...

Mealey's Labor & Employment - 9th Circuit Panel Remands ERISA Class Action Over Hourly Contributions

SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on July 14 affirmed in part and reversed in part a Washington federal judge's judgment in favor of the plaintiffs in an Employee Retirement Income Security Act class action, saying that an issue regarding hourly contributions to a pension plan...

Mealey's Labor & Employment - Tribe Wins $8.4 Million Judgment Against Blue Cross For Hidden Plan Fees

BAY CITY, Mich. - A health care plan administrator owes a Michigan Indian tribe more than $8.4 million for violating the Employee Retirement Income Security Act by charging hidden administrative fees for the tribe's employee benefit program but is not liable for any alleged damages related to the...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms ERISA Claims Dismissal, OKs Securities Claim Amendment

NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 13 affirmed the dismissal of retired Booz Allen Hamilton officers' Employee Retirement Income Security Act claims because the plan through which Booz Allen distributed its stock to employees was not an employee pension benefit plan within...

Mealey's Labor & Employment - Massachusetts High Court: Employee Fired For Using Medical Marijuana May Sue

BOSTON - An employee who was fired after testing positive for marijuana due to her lawful medical use of the drug may sue her former employer for handicap discrimination in violation of Massachusetts' medical marijuana act, the Massachusetts Supreme Judicial Court ruled July 17 (Cristina Barbuto...

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...