LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 6th Circuit: Engineer May Proceed With His Claims Of Disability Bias

CINCINNATI - An engineer who alleges that he was wrongfully discharged after notifying his employer of back problems may proceed with his claims of disability bias, wrongful termination and breach of severance agreement, a Sixth Circuit U.S. Court of Appeals panel ruled Dec. 2, reversing a trial court's...

Mealey's Labor & Employment - 7th Circuit Upholds Ruling That Student Athletes Are Not Employees

CHICAGO - A federal judge was correct when he ruled that student athletes are not employees of the universities where they play, the Seventh Circuit U.S. Court of Appeals ruled Dec. 5 (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 16-1558, 7th Cir.; 2016 U.S. App. LEXIS...

Mealey's Labor & Employment - 6th Circuit Panel: Insureds Lack Sufficient Injury To Claim Insurer Shirked ERISA Duties

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Dec. 21 affirmed an Ohio federal judge's ruling that hypothetical situations lack the necessary concrete injury required to pursue claims that an insurer shirked its obligations under the Employee Retirement Income Security Act and the Patient...

Mealey's Labor & Employment - Defendants In USC 403(b) Plan Class Action File Motion To Dismiss Or Compel Arbitration

LOS ANGELES - The defendants in a putative class action alleging that the University of Southern California's (USC) 403(b) retirement plans charged excessive fees moved Dec. 19 in California federal court for an order compelling individual, nonclass arbitration and dismissal or, in the alternative...

Mealey's Labor & Employment - D.C. Federal Judge Orders Document Production In Lawsuit Against PBGC

WASHINGTON, D.C. - A District of Columbia federal judge on Dec. 20 ordered the U.S. Treasury Department to produce more than 100 documents it has withheld in a civil action against the Pension Benefit Guaranty Corp. (PBGC), saying that Treasury has "miserably failed" to explain its deliberative...

Mealey's Labor & Employment - D.C. Circuit Panel Affirms Fiduciary Duty Claims Fall Short Under Dudenhoeffer

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Dec. 30 affirmed a District of Columbia federal judge's ruling rejecting allegations that the fiduciary of an employee stock ownership plan (ESOP) breached its duty by failing to prevent participants from purchasing or holding...

Mealey's Labor & Employment - 11th Circuit Panel Affirms COBRA Ruling In Favor Of Fired Staffing Employee

ATLANTA - A 11th Circuit U.S. Court of Appeals panel on Dec. 30 affirmed an Alabama federal judge's ruling that a staffing business employer failed to notify a plaintiff of his rights under the Comprehensive Omnibus Budget Reconciliation Act (COBRA), saying that the evidence was sufficient that the...

Mealey's Labor & Employment - 4th Circuit Upholds Requirement Of Proof Of Marriage For Health Insurance Coverage

RICHMOND, Va. - A Baltimore employee failed to show that the city's requirement that employees submit proof of marriage for their spouses to be eligible for health insurance coverage violates state or federal law, a Fourth Circuit U.S. Court of Appeals panel ruled Jan. 4, upholding a trial court's...

Mealey's Labor & Employment - 9th Circuit: Ministerial Exception Doesn't Bar Relatives' Conspiracy Claims

PORTLAND, Ore. - The widow and children of a late Sikh Dharma spiritual leader may proceed with their conspiracy and fraud claims alleging that they were wrongfully excluded from certain management positions and denied assets, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 6 after determining...

Mealey's Labor & Employment - 10th Circuit: Arbitrator Must Determine Arbitrability Of Some Of Surgeon's Claims

DENVER - All of the claims brought by a surgeon who was disciplined for alleged misconduct against the hospital where he was an independent contractor must be submitted to an arbitrator to determine the arbitrability of them in the first instance based on the management services agreement signed by both...

Mealey's Labor & Employment - 3rd Circuit: 50-And-Older Age Bias Subgroup Is Allowed Under ADEA

PHILADELPHIA - A trial court erred when it ruled that a disparate-impact claim is not cognizable where a subgroup comprises workers 50 years old and older, a Third Circuit U.S. Court of Appeals panel ruled Jan. 10 in an opinion in which it also vacated the exclusion of testimony by the plaintiffs'...

Mealey's Labor & Employment - U.S. High Court Declines Appeal Over Agencies' Conciliation Efforts

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 denied a petition for writ of certiorari filed by a Florida corporation asking it to review a decision by the Ninth Circuit U.S. Court of Appeals that reversed a trial court's partial summary judgment ruling for the corporation on claims brought...

Mealey's Labor & Employment - 9th Circuit: Congress Didn't Mean For Service Advisers To Fall Under Pay Exemption

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Jan. 9, on remand from the U.S. Supreme Court, affirmed in part and reversed in part a trial court's dismissal of an action bought under the Fair Labor Standards Act (FLSA) against an automobile dealership, holding that Congress never...

Mealey's Labor & Employment - Supreme Court Lets Stand 9th Circuit's Ruling On ERISA Pension Plan Definition

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 declined to review a Ninth Circuit U.S. Court of Appeals' ruling that affirmed the dismissal of claims under the Employee Retirement Income Security Act against Booz Allen Hamilton Inc. (BAH) based on its conclusion that BAH's Stock Rights Plan...

Mealey's Labor & Employment - Officer's DPPA Claims Barred By Statute Of Limitations, 11th Circuit Affirms

MIAMI - A former law enforcement officer's privacy claims under the Driver's Privacy Protection Act (DPPA) and related civil rights claims were properly dismissed as barred by the statute of limitations, an 11th Circuit U.S. Court of Appeals panel ruled Jan. 9, finding that the claims accrued...

Mealey's Labor & Employment - High Court Asks Government To Express Views In ERISA Indemnification Case

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 9 asked the U.S. solicitor general to file a brief expressing the government's views in a case that asks whether the Employee Retirement Income Security Act permits a cause of action for indemnity or contribution by a person found liable for breach...

Mealey's Labor & Employment - Michigan Tribe, Blue Cross Settle ERISA Plan Administration Claims

DETROIT - Michigan's Little River Band of Ottawa Indians and Blue Cross Blue Shield have settled the tribe's claims that Blue Cross breached its fiduciary duty and violated the Employee Retirement Income Security Act (ERISA) in administering the tribe's health care plan for employees, according...

Mealey's Labor & Employment - U.S. Supreme Court Accepts, Consolidates 3 Class Action Waiver Suits

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 granted petitions for writ of certiorari filed in three cases challenging the barring of class or collection action waivers in employment agreements, consolidated the three cases and granted a total of one hour for oral arguments (Epic Systems Corp...

Mealey's Labor & Employment - U.S. Supreme Court Accepts FELA Jurisdiction Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear the appeal of two consolidated personal injury cases in which the employer, BNSF Railway Co., has asked the high court to decide whether a state court may decline to follow the decision in Daimler AG v. Bauman (134 S. Ct. 746 [2014]...

Mealey's Labor & Employment - U.S. High Court Will Decide Where Review Of MSPB Mixed Case Should Occur

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 13 agreed to hear an appeal in which it has been asked to decide whether an appeal of a decision by the Merit Systems Protection Board (MSPB) issued in a "mixed" case - one involving a claim under the federal anti-discrimination laws - should...

Mealey's Labor & Employment - California Woman Files Class Action Over Denial Of Breastfeeding Support

OAKLAND, Calif. - A California woman on Jan. 13 filed a class action complaint in federal court alleging that she and other women have been wrongfully denied access to and coverage for a vital women's preventive service - breastfeeding support, supplies and counseling - for which coverage is mandated...

Mealey's Labor & Employment - States Urge 5th Circuit To Uphold Injunction Barring DOL Wage Rule

NEW ORLEANS - The state of Nevada and 20 other states filed a brief on Jan. 17 asking the Fifth Circuit U.S. Court of Appeals to uphold a nationwide preliminary injunction barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative...

Mealey's Labor & Employment - High Court Will Not Hear Issue Of Forum-Selection Clause In ERISA Disability Plan

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 denied review of a ruling by the Eighth Circuit U.S. Court of Appeals that enforced a forum-selection clause in a disability plan governed by the Employee Retirement Income Security Act (Lorna Clause v. U.S. District Court for the Eastern District...

Mealey's Labor & Employment - High Court Will Not Weigh In On Application Of Single-Employer Doctrine

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 let stand a Seventh Circuit U.S. Court of Appeals ruling that reversed the grant of summary judgment to four carpenter union fringe benefit funds that alleged that a general contractor failed to pay fringe benefits for work performed by nonunion labor...

Mealey's Labor & Employment - NLRB Regional Director Orders Election For Duke Ph.D. Student Unit

ATLANTA - All Ph.D. students at Duke University who are employed by the university to provide instructional services or research services, except for those students at Duke Kushan University and Duke-NUS Medical School, are employees within the meaning of Section 2(3) of the National Labor Relations...