LexisNexis® Legal Newsroom
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...

Mealey's Labor & Employment - New York Federal Judge Dismisses 5 Defendants From ERISA Class Action

NEW YORK - A New York federal judge on Aug. 23 granted five defendants' motion to dismiss claims against them in a second amended class action complaint against 12 banks and their affiliates under the Employee Retirement Income Security Act because the plaintiffs failed to adequately plead that the...

Mealey's Labor & Employment - 8th Circuit: Unofficial Agreement Excluded Donning, Doffing From Compensable Time

ST. LOUIS - Hourly manufacturing employees are not owed compensation for time spent donning and doffing work clothing because that time was excluded from measured working time in an implied-in-fact bona fide collective bargaining agreement between the employer and union representing the workers, the...

Mealey's Labor & Employment - 7th Circuit Panel: Breach Claims Against GreatBanc Were Plausibly Alleged

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 25 reversed the dismissal of Employee Retirement Income Security Act claims against the trustee of an employee stock ownership plan (ESOP) because, it said, the plaintiffs plausibly alleged both a prohibited transaction and a breach of fiduciary...

Mealey's Labor & Employment - Maryland Federal Judge Consolidates ERISA Cases, Appoints Lead Counsel

BALTIMORE - A Maryland federal judge on Aug. 24 consolidated two Employee Retirement Income Security Act class actions against Bon Secours Health System Inc. and appointed interim lead class counsel (Arlene Hodges, et al. v. Bon Secours Health System Inc., et al., No. RDB-16-1079, Carolyn Miller, et...

Mealey's Labor & Employment - Tankhaul Company Agrees To Pay $4.2M To Settle Union Members' Wage Claims

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Aug. 29 agreed to hold argument in abeyance pending settlement of union members' claims that their employer improperly withheld pay raises due to their union membership (KAG West, LLC v. National Labor Relations Board, Nos...

Mealey's Labor & Employment - California Federal Judge Dismisses ERISA Class Action Against Chevron Corp.

OAKLAND, Calif. - A California federal judge on Aug. 29 granted Chevron Corp.'s motion to dismiss an Employee Retirement Income Security Act class action against it alleging breach of fiduciary duty for failure to state a claim (Charles E. White, et al. v. Chevron Corp., et al., No. 16-cv-0793, N...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Investment Advisers Liable For Pension Plan Losses

NEW YORK - A Second Circuit U.S. Court of Appeals panel on Aug. 30 affirmed a ruling that the investment advisers for employee pension plans sponsored by Severstal Wheeling Inc. (SWI) and its predecessors are liable for the full amount of investment losses - $9.6 million - due to their failure to properly...

Mealey's Labor & Employment - 1st Circuit: Trial Court Must Reconsider Protected Activity Under Maine Statutes

BOSTON - The First Circuit U.S. Court of Appeals on Aug. 31 reversed a Maine federal judge's summary judgment ruling for a hotel accused by two former employees of firing them in violation of the Maine Whistleblowers' Protection Act (MWPA) and the Maine Human Rights Act (MHRA) in light of its...

Mealey's Labor & Employment - 7th Circuit: Appeal Of Age Bias Suit Is Untimely Despite Court's Extension

CHICAGO - A notice of appeal filed by an employee in her age bias suit that occurred outside of the time limit granted by Federal Rule of Civil Procedure 4(a)(5)(C), but within the extension granted by an Illinois federal judge, is untimely, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 31...

Mealey's Labor & Employment - 11th Circuit Panel Affirms Dismissal Of Claims Against Third-Party Administrator

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Sept. 1 affirmed the dismissal of claims against a third-party administrator of an employee pension benefit plan because it was not a fiduciary of the plan and a self-dealing claim was time-barred (Carolinas Electrical Workers Retirement Plan,...

Mealey's Labor & Employment - Divided 9th Circuit Panel Denies En Banc Rehearing In Tip-Pool Appeal

PORTLAND, Ore. - A divided Ninth Circuit U.S. Court of Appeals panel on Sept. 6 denied a petition for rehearing and, on behalf of the court, denied a petition for rehearing en banc concerning its Feb. 23 ruling in which the split panel held that two trial courts in two cases over tip pooling erred when...

Mealey's Labor & Employment - Judge Reverses Course, Reinstates Man's ACA Claim Against Government Plan

CENTRAL ISLIP, N.Y. - A man's claims invoke the Patient Protection and Affordable Care Act (ACA), which unlike other regulations does not specifically exclude government-sponsored plans, a federal judge in New York held in granting reconsideration and reinstating the claims on Sept. 6 (Raymond A...

Mealey's Labor & Employment - 11th Circuit: Employer's No Dreadlocks Rule Doesn't Constitute Racial Bias

ATLANTA - An 11th Circuit U.S. Court of Appeals on Sept. 15 affirmed an Alabama federal judge's rejection of a lawsuit filed by the Equal Employment Opportunity Commission accusing an employer of racial discrimination when it enforced a grooming policy that barred dreadlocks (Equal Employment Opportunity...

Mealey's Labor & Employment - 1st Circuit Panel Affirms Plan Participant's Untimely Death Prevents Payment To Children

BOSTON - A First Circuit U.S. Court of Appeals panel on Sept. 13 affirmed that an Employee Retirement Income Security Act plan participant's beneficiaries were not entitled to a guaranteed single-life annuity because he died before the beginning of the annuity payments (Brian O'Shea, et al. v...

Mealey's Labor & Employment - Split D.C. Circuit: Employees' Speech In News Segment Was Protected

WASHINGTON, D.C. - Statements made by satellite television installers on a television news segment protesting pay changes were protected under the National Labor Relations Act (NLRA), a divided District of Columbia Circuit U.S. Court of Appeals panel ruled Sept. 16 (DIRECTV, Inc. v. National Labor Relations...

Mealey's Labor & Employment - 9th Circuit Denies Motion For Rehearing In Pension Benefits Case

SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals on Sept. 20 denied a petition for rehearing en banc in an Employee Retirement Income Security Act case, with the majority saying that a plan administrator's decision in a dispute over a since-deceased plaintiff's entitlement to benefits...

Mealey's Labor & Employment - 11th Circuit Panel Affirms Dismissal Of Complaint For Failure To State A Claim

ATLANTA - An 11th Circuit U.S. Court of Appeals panel ruled Sept. 19 that a Georgia federal judge did not err in dismissing a former Delta Air Lines Inc. employee's Employee Retirement Income Security Act complaint for failure to state a claim (Barry Steven Slakman v. Administrative Committee of...

Mealey's Labor & Employment - EEOC May Proceed With Retaliation Claims Due To Speech On Medical Exams

GREEN BAY, Wis. - An employer's changes to its health insurance plan that require employees to undergo a health risk assessment (HRA) or pay an additional amount per year is permissible because it is voluntary under 42 U.S. Code Section 12112(d)(4)(B), a Wisconsin federal judge ruled Sept. 19; however...

Mealey's Labor & Employment - Split 3rd Circuit Affirms Class Certification In Case Against Jani-King

PHILADELPHIA - A split Third Circuit U.S. Court of Appeals panel on Sept. 21 affirmed that a Pennsylvania federal judge properly certified a class of franchisees suing one of the largest commercial cleaning franchisors over their employment classification, saying the claims in this case are "susceptible...

Mealey's Labor & Employment - 5th Circuit Panel: Complaint Against BP Doesn't Satisfy Dudenhoeffer Standard

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Sept. 26 held that a Texas federal judge erred in holding that a consolidated Employee Retirement Income Security Act action against BP PLC that was filed after the Deepwater Horizon explosion and oil spill satisfies the pleading standard set...

Mealey's Labor & Employment - U.S. Supreme Court To Decide How EEOC Subpoenas Should Be Reviewed

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 29 agreed to hear an appeal by an employer accused of pregnancy discrimination challenging the Ninth Circuit U.S. Court of Appeals' application of a de novo standard of review to a trial court's determination of relevance of information sought...

Mealey's Labor & Employment - High Court To Decide If Limo Driver Has Tribal Immunity For Crash Claims

WASHINGTON, D.C. - The U.S. Supreme Court on Sept. 29 granted certiorari to review a Connecticut Supreme Court finding that a limousine driver for an Indian casino is protected by the tribe's sovereign immunity from a couple's personal injury claims stemming from a car crash (Brian Lewis and...

Mealey's Labor & Employment - 8th Circuit Denies Petitioner Who Opposed Disability Plan's Forum-Selection Clause

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Sept. 27 denied a disability plan participant's petition for writ of mandamus directing a Missouri federal judge to disregard the plan's forum-selection clause and transfer her case to Arizona, where she has lived and worked for more...

Mealey's Labor & Employment - Alabama Federal Judge Allows Most Retiree Claims In Suit Over Canceled Life Insurance

MONTGOMERY, Ala. - An Alabama federal judge on Sept. 27 allowed most claims to proceed in consolidated class actions alleging that Allstate Insurance Co. improperly ended retirees' promised lifetime benefits, saying the plaintiffs have stated a claim that Allstate's plan did not include, or was...