LexisNexis® Legal Newsroom
Mealey's Labor & Employment - U.S. High Court Won't Weigh In On Firing Of Delta Agent Following Alleged Theft

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to hear an appeal filed by a former airline customer service agent alleging that he was improperly fired after he allegedly stole money from a customer's lost purse (Carlos Clemons v. Delta Airlines, Inc., No. 17-597, U.S. Sup.).

Mealey's Labor & Employment - Split 4th Circuit Reinstates EEOC's Equal Pay Act Claims Against Maryland Agency

RICHMOND, Va. - A divided Fourth Circuit U.S. Court Appeals panel on Jan. 5 reinstated Equal Pay Act (EPA) claims brought by the Equal Employment Opportunity Commission on the behalf of three women against the Maryland Insurance Administration (MIA), finding that a jury must decide whether the reasons...

Mealey's Labor & Employment - 8th Circuit Finds ConAgra's Decision To Deny Severance Benefits Claim Supported

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Jan. 5 affirmed a district court's decision in favor of a food company that denied severance benefits under a plan governed by the Employee Retirement Income Security Act, finding that the evidence showed that an employee did not have good...

Mealey's Labor & Employment - New York Federal Judge Dismisses Class Claims Over PBM's Pricing, Allows Amendment

NEW YORK - A New York federal judge on Jan. 5 dismissed Employee Retirement Income Security Act and Racketeer Influenced and Corrupt Organizations Act class claims against the largest pharmacy benefits manager (PBM) and a health insurance provider over prescription pricing, but gave the plaintiffs 21...

Mealey's Labor & Employment - Car Dealership Tells High Court That 'Service Advisors' Are Exempt From Overtime

WASHINGTON, D.C. - Car dealership "service advisors" are salesmen primarily engaged in "serving automobiles" and, as a result, are exempt from receiving overtime wages under the Fair Labor Standards Act (FLSA), a California dealership argues in its reply brief filed Jan. 8 in the...

Mealey's Labor & Employment - 7th Circuit: Stonework Company No Longer Has To Contribute To Multiemployer Fund

CHICAGO - A stonework company that transferred away from using union members and started employing more highly skilled setters and finishers did not owe a multiemployer pension fund a withdrawal liability, a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 8, finding that the fund waived its statutory...

Mealey's Labor & Employment - 3rd Circuit Vacates Dismissal, Remands ERISA Claim For Review Of Exhaustion

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 8 reversed a district court's dismissal of a union carpenter's claims under the Employee Retirement Income Security Act in relation to his pension and remanded the case for review of whether he exhausted his administrative remedies...

Mealey's Labor & Employment - Panel Affirms Dismissal Of Suit Alleging Fiduciaries Did Not Protect ESOP From Harm

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 8 affirmed a lower federal court's dismissal of a putative class action alleging that the fiduciaries of a publically traded company's stock ownership plan breached their duties by failing to protect the plan from harm caused by the...

Mealey's Labor & Employment - Class Plaintiffs Failed To Prove Company Concealed Information On Stock Value

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 9 affirmed a district court's dismissal of a class action complaint alleging that 401(k) plan fiduciaries concealed information regarding the company's stock value after determining that the class plaintiffs failed to support their...

Mealey's Labor & Employment - Participant To High Court: Foot Locker Concealed Pension Plan Changes

WASHINGTON, D.C. - Changes by Foot Locker Inc. and Foot Locker Retirement Plan (collectively, Foot Locker) to a pension plan were concealed from employees, and a trial court did not err when it found that the misconduct constituted equitable fraud and violated the Employee Retirement Income Security...

Mealey's Labor & Employment - 2 Response Briefs In Agency Fee Appeal Ask High Court Not To Overturn Abood

WASHINGTON, D.C. - Mandatory public-sector agency fees for employees who choose not to join a union where the fees are used to support collective bargaining, contract administration and grievance adjustment are constitutionally sound, respondents in an agency fee appeal before the U.S. Supreme Court...

Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In ERISA Forum-Selection Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari filed by a retiree seeking reinstatement of terminated health benefits under the Employee Retirement Income Security Act (George W. Mathias v. United States District Court for the Central District of Illinois...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Professor's Due Process Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari filed by a University of Kentucky professor who alleges that during his removal as chair of a university department, he was denied liberty and property without due process of law (Richard A. Crosby, PhD v. Eli...

Mealey's Labor & Employment - U.S. High Court Won't Rule On Authority Of Magistrate Judge

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari by Wisconsin's Labor and Industry Review Commission seeking to overturn a decision by the Seventh Circuit U.S. Court of Appeals that found that a magistrate judge lacks authority to enter final judgment...

Mealey's Labor & Employment - Car Dealership Attorney To High Court: 'Service Advisors' Are Salespeople

WASHINGTON, D.C. - The attorney representing a Mercedes-Benz car dealership argued before the U.S. Supreme Court on Jan. 17 that "service advisors" are "plainly salespeople" who are primarily engaged in "the servicing of automobiles" and are exempt from receiving overtime...

Mealey's Labor & Employment - Judge Chops Fee Request For Tribe's $8 Million Win Over Blue Cross For Hidden Fees

BAY CITY, Mich. - A Michigan Indian tribe that won an $8.4 million award for Blue Cross Blue Shield's charging of hidden administrative fees for the tribe's employee benefit program had its request for attorney fees drastically reduced Jan. 17 by a federal judge, who slashed the fees by 75 percent...

Mealey's Labor & Employment - EEOC Wants Federal Judge To Rethink Imposing Deadlines For ACA Rule Making

WASHINGTON, D.C. - A federal judge lacks the power to impose deadlines on a federal agency's rule-making process related to a Patient Protection and Affordable Care Act (ACA) rule governing employee wellness program disclosures and discounts, the agency argues in a Jan. 16 brief filed in the U.S...

Mealey's Labor & Employment- Arbitration Award In Favor Of Retirees Affirmed; Coverage Must Be Reinstated

DETROIT - In two opinions issued Jan. 16, a Michigan federal judge affirmed an arbitration award entered in favor of retirees who alleged that the termination of their health care benefits was a breach of a collective bargaining agreement (TRW Automotive U.S. LLC v. International Union et al., No. 13...

Mealey's Labor & Employment - Split U.S. Supreme Court: Tolling Of State Limitations Period Stops The Clock

WASHINGTON, D.C. - A split U.S. Supreme Court ruled 5-4 on Jan. 22 that to "toll" a state limitations period under 28 U.S. Code Section 1367(d), - which provides that "[t]he period of limitations . . . shall be tolled while the claim is pending and for a period of 30 days after it is dismissed...

Mealey's Labor & Employment - Respondents In SCOTUS Agency Fee Appeal Ask For Divided Argument

WASHINGTON, D.C. - Respondents in an appeal before the U.S. Supreme Court over mandatory public-sector agency fees for employees who choose not to join a union filed a joint motion for divided argument on Jan. 19, the same day the United States filed a motion for leave to participate in oral argument...

Mealey's Labor & Employment - Solicitor General Invited To Submit Brief In ERISA Benefits Payment Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 22 issued an order inviting the solicitor general to file a brief expressing the views of the United States in an appeal before the U.S. Supreme Court in which the petitioner is requesting that the high court decide under which section of Employee Retirement...

Mealey's Labor & Employment - 4th Circuit Won't Enforce Arbitration Agreements Signed After Class Suit Was Filed

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Jan. 18 declined to enforce arbitration agreements distributed by a gentlemen's club to its exotic dancers after a wage-and-hour class complaint was already filed (Alexis Degidio, et al. v. Crazy Horse Saloon and Restaurant Inc., et...

Mealey's Labor & Employment - $75 Million J.P. Morgan ERISA Settlement Granted Preliminary Approval

NEW YORK - A New York federal judge on Jan. 19 granted preliminary approval of a $75 million cash settlement reached between eight of the 12 class representatives and J.P. Morgan Chase & Co. (JPMC) in a lawsuit accusing JPMC of violating the Employee Retirement Income Security Act by mismanaging...

Mealey's Labor & Employment - Plan Participants Appeal Dismissal Of Underperforming Funds Suit, Seek Reversal

PHILADELPHIA - A district court erred in dismissing claims filed by a group of University of Pennsylvania Matching Plan participants and beneficiaries against the University of Pennsylvania and the university's vice president of human resources because the participants alleged facts showing that...

Mealey's Labor & Employment - McDonald's Argues That It's Not A Joint Employer Of Franchisees' Workers

SAN FRANCISCO - McDonald's Corp. and McDonald's U.S.A. LLC (collectively, McDonald's) are not joint employers under California's wage-and-hour law as they don't meet any one of the three tests sent out in Martinez v. Combs, 231 P.3d 259 (Cal. 2010), McDonald's argues in its appellee...