LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 8th Circuit: UPS Supervisor Failed To Prove Firing Was Discriminatory

ST. LOUIS - A United Parcel Service (UPS) supervisor who had numerous conflicts at work failed to show that his termination was due to racial discrimination rather than because of his behavior and attitude, the Eighth Circuit U.S. Court of Appeals ruled July 12 (Gary T. Smith v. United Parcel Service...

Mealey's Labor & Employment - New York Federal Judge Denies Remand, Rules For Union Fund

ALBANY, N.Y. - A New York federal judge on July 12 denied a motion to remand a case against SEIU Local 200 United Benefit Fund alleging breach of fiduciary duty and granted Local 200's cross-motion for judgment on the pleadings (Kevin Boyle, et al. v. SEIU Local 200 United Benefit Fund, et al., No...

Mealey's Labor & Employment - Federal Circuit Vacates MSPB's Ruling On Officer's Retirement Pay

WASHINGTON, D.C. - A Federal Circuit U.S. Court of Appeals panel on July 15 vacated a decision by the Merit Systems Protection Board (MSPB) rejecting a customs officer's claim that his retirement pay was miscalculated and failed to include the full amount of overtime pay he received in the relevant...

Mealey's Labor & Employment - 5th Circuit: Receptionist Created Possible Age Bias Factual Dispute

NEW ORLEANS - A district court must reconsider whether an employment agency should have known about its client's possible discriminatory transfer request after the worker, who alleges that she was discriminated against because of her age, showed that the agency failed to follow its usual practice...

Mealey's Labor & Employment - 9th Circuit Panel Says Dignity Health Pension Plan Not A Church Plan

SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on July 26 affirmed that Dignity Health's pension plan was not subject to the requirements of the Employee Retirement Income Security Act and did not qualify for ERISA's church-plan exception because it was not established by...

Mealey's Labor & Employment - 7th Circuit: Title VII Doesn't Bar Sexual Orientation Discrimination

CHICAGO - Title VII of the Civil Rights Act of 1964 as it's presently written does not bar discrimination based on sexual orientation, a Seventh Circuit U.S. Court of Appeals panel ruled July 28, noting that while the panel does not condone such discrimination, it cannot enforce something that does...

Mealey's Labor & Employment - Split 11th Circuit: USERRA's Non-Waiver Provision Doesn't Conflict With FAA

ATLANTA - The non-waiver provision contained in the Uniform Services Employment and Reemployment Rights Act of 1994 (USERRA) is not in conflict with the Federal Arbitration Act (FAA), a divided 11th Circuit U.S. Court of Appeals panel ruled July 29, upholding a trial court's enforcement of an arbitration...

Mealey's Labor & Employment - D.C. Circuit: Quicken Loans' Disclosure Rules Violate National Labor Relations Act

WASHINGTON, D.C. - Quicken Loans Inc.'s rules barring mortgage bankers from disclosing a broad array of personnel information or criticizing the company without written consent violate the National Labor Relations Act (NLRA) because "they unreasonably burden the employees' ability to discuss...

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

BAY CITY, Mich. - An Indian tribe's claim that its health care plan administrator violated the Employee Retirement Income Security Act fails because the tribe cannot establish that the administrator had a fiduciary duty under ERISA to ensure payment of Medicare-like rates (MLRs) for certain health...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Summary Judgment For GM In Suit Over QDRO

PHILADELPHIA - A panel of the Third Circuit U.S. Court of Appeals on Aug. 2 affirmed the grant of summary judgment to General Motors Corp. in a lawsuit alleging that GM unlawfully circumvented the Employment Retirement Income Security Act and the Pension Protection Act with its denial of a woman's...

Mealey's Labor & Employment - Pennsylvania Federal Judge Says Motor Vehicle Statute Saves Claim From Preemption

SCRANTON, Pa. - A Pennsylvania federal judge on Aug. 2 partially denied a life insurance company's motion to dismiss a putative class action for benefits under an Employee Retirement Income Security Act plan, finding that a section of a state motor vehicle statute "regulates insurance"...

Mealey's Labor & Employment - 8th Circuit: Leave During Overtime Hours Must Be Deducted From Entitlement

ST. LOUIS - In a case where a worker's overtime hours were mandatory, hours missed for Family and Medical Leave Act (FMLA)-qualifying reasons must be deducted from the worker's FMLA leave entitlement; however, those overtime hours should be included when calculating the worker's total FMLA...

Mealey's Labor & Employment - 9th Circuit Will Rehear En Banc Mutual Fund Dispute After Supreme Court Remand

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 5 announced that it will rehear en banc a case in which a panel previously found that 401(k) plan participants challenging the selection and retention of certain mutual funds forfeited their right to argue that their employer and its benefits...

Mealey's Labor & Employment - 9th Circuit: ADEA Provision Doesn't Bar 1st Amendment Retaliation Claim

SAN FRANCISCO - The retaliation provision in the Age Discrimination in Employment Act (ADEA) does not preclude a First Amendment to the U.S. Constitution retaliation claim, a divided Ninth Circuit U.S. Court of Appeals panel ruled Aug. 5, reinstating claims by a former Arizona city employee who alleges...

Mealey's Labor & Employment - D.C. Circuit: Termination Of Benefits Violates NLRA; Remedy Challenge Is Too Late

WASHINGTON, D.C. - An employer violated the National Labor Relations Act (NLRA) when it terminated union members' short-term disability benefits, encouraged an employee to circulate a decertification petition, interfered with union representatives access to the facility and decertified the union...

Mealey's Labor & Employment - Separate Class Actions Filed Against Large Universities Alleging Plan Mishandling

The Massachusetts Institute of Technology (MIT), New York University (NYU) and Yale University were sued Aug. 9 in separate putative class action lawsuits on behalf of more than 60,000 employees in their defined contribution retirement plans who claim that the universities, as plan sponsors, breached...

Mealey's Labor & Employment - 3rd Circuit Rejects FedEx Claims That Worker Unit Must Expand

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 9 granted a cross-petition by the National Labor Relations Board to enforce a decision finding a unit of FedEx Freight Inc. drivers at one of its New Jersey facilities to be proper, despite FedEx's claim that the unit must also include...

Mealey's Labor & Employment - 7th Circuit Panel Affirms Board Service Payments Not 'Salary' Under Plan

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 10 affirmed that a union pension fund's denial of a former business representative's attempt to have board services payments included in his pension benefits was not arbitrary and capricious because the payments were not "salary...

Mealey's Labor & Employment - Virginia Federal Judge: 'Serial Litigant' Lawsuit Barred By Res Judicata

LYNCHBURG, Va. - A Virginia federal judge on Aug. 10 granted a health insurer's motion to dismiss a lawsuit alleging that it unlawfully ignored requests to provide plan documents and breached co-fiduciary duties owed under the Employee Retirement Income Security Act because it is barred by res judicata...

Mealey's Labor & Employment - 11th Circuit: External Medical Necessity Review Not Binding On Parties

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Aug. 16 held that a federal judge erred in determining that an external review of the medical necessity of a woman's anorexia treatment was binding on the parties and precluded her from challenging Oxford Health Insurance Inc.'s denial...

Mealey's Labor & Employment - California Federal Judge Says McDonald's Corp. Isn't Joint Employer Of Bay Area Workers

SAN FRANCISCO - A California federal judge on Aug. 16 granted partial summary judgment to McDonald's Corp. in a wage-and-hour putative class action brought by a franchisee's workers, finding that McDonald's does not jointly employ the named plaintiffs because it does not retain or exert direct...

Mealey's Labor & Employment - Alaska Federal Judge: Lab Claims Preempted By ERISA, FEHBA

ANCHORAGE, Alaska - An Alaska federal judge on Aug. 16 ruled that Alaska's Prompt Pay Statute, requiring insurers to pay benefit claims within 30 days, is preempted by the Employee Retirement Income Security Act for claims related to employee benefit plans and the Federal Employees Health Benefits...

Mealey's Labor & Employment - NLRB: Chipotle's Social Media Policy Violates Labor Law

WASHINGTON, D.C. - The National Labor Relations Board on Aug. 18 enforced, with some modifications, a decision by an administrative law judge (ALJ) finding that the social media code of Chipotle Services LLC (doing business as Chipotle Mexican Grill) violates the National Labor Relations Act (NLRA) and...

Mealey's Labor & Employment - NLRB: Private College Teaching Assistants Are Covered By Labor Act

WASHINGTON, D.C. - Graduate and undergraduate teaching assistants working at private colleges and universities are covered by the National Labor Relations Act (NLRA), the National Labor Relations Board ruled 3-1 on Aug. 23, reversing Brown University and International Union, United Automobile, Aerospace...

Mealey's Labor & Employment - 3rd Circuit Appeals Panel Vacates, Remands Case Over 'Active-Service' Clause

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on Aug. 19 vacated a decision denying a woman's claim for benefits under the Employee Retirement Income Security Act because of an "active-service" clause in her husband's employee benefit plan and remanded for a determination...