LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Jury Rules For Rent-A-Center In Transgender Bias Suit Brought By EEOC

URBANA, Ill. - An Illinois federal jury on May 18 returned a verdict for a rent-to-own retailer in a transgender discrimination suit brought by the Equal Employment Opportunity Commission on behalf of a former employee who alleged that she was fired after transitioning (U.S. Equal Employment Opportunity...

Mealey's Labor & Employment - University Of Denver Will Pay $2.66M, Increase Salaries To Settle Equal Pay Suit

DENVER - A Colorado federal judge on May 18 signed off on an equal pay settlement between the Equal Employment Opportunity and the University of Denver under which the university will pay $2.66 million in damages to seven female professors and increase those same professors' salaries (Equal Employment...

Mealey's Labor & Employment - High Court Should Deny Review Of Ruling On ERISA's Limitation Of Action Provision

WASHINGTON, D.C. - The U.S. Supreme Court should deny a petition for writ of certiorari filed by a retirement plan trustee because the trustee waived the right to assert a timeliness defense under Section 1113(1) of the Employee Retirement Income Security Act and because the 11th Circuit U.S. Court of...

Mealey's Labor & Employment - Majority Won't Reconsider Denial Of States' Motion To Intervene In Dispute With DOL

NEW ORLEANS - A majority of the Fifth Circuit U.S. Court of Appeals on May 22 denied a motion by California, New York and Oregon to reconsider their motion to intervene in a majority ruling that reversed a Texas federal court's decision rejecting business groups' challenges of the U.S. Department...

Mealey's Labor & Employment - Pennsylvania Federal Judge Applies Federal Tolling To State Employment Claims

PHILADELPHIA - The federal law of tolling, not the Pennsylvania law, applies to state law claims within the federal court's supplemental jurisdiction, a Pennsylvania federal judge ruled May 22, denying a motion by Allstate Insurance Co. to grant partial summary judgment on state law claims by 12...

Mealey's Labor & Employment - Panel Refuses To Allow Retirement Plan's Appeal Of Class Certification Order

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 23 denied a petition to appeal filed by a retirement benefits plan after determining that the plan failed to prove how a district court abused its discretion in certifying two subclasses in a suit alleging that the plan violated the Employee...

Mealey's Labor & Employment - Supreme Court Won't Hear 4 Appeals Seeking To Validate Class Arbitration

WASHINGTON, D.C. - The U.S. Supreme Court on May 29 denied four petitions for writ of certiorari filed in three cases all seeking reversal of rulings by the Fifth Circuit U.S. Court of Appeals upholding employment arbitration agreements barring class, collective, joint or representative actions (National...

Mealey's Labor & Employment - Hawaii Tour Companies Will Pay $570,000 To End Male-On-Male Harassment Suit

HONOLULU - The U.S. District Court for the District of Hawaii on May 29 approved an agreement reached by the Equal Employment Opportunity Commission and three Hawaii tour companies under which the companies will pay $570,000 and provide other relief to end a sexual harassment lawsuit (U.S. Equal Employment...

Mealey's Labor & Employment - Former Police Sergeant Awarded Attorney Fees, Sanctions In Title VII Suit

CINCINNATI - On May 31, two months after affirming a $350,000 jury verdict for a former Michigan state police sergeant on her retaliation claim, the Sixth Circuit U.S. Court of Appeals granted the former sergeant's full request for attorney fees and awarded her sanctions, but only 1 percent of the...

Mealey's Labor & Employment - Equity Growth Plan Not Subject To ERISA, 9th Circuit Panel Affirms

PORTLAND, Ore. - The Ninth Circuit U.S. Court of Appeals on May 31 affirmed a district court's ruling that a company's equity growth plan was not a defined contribution plan subject to the requirements of the Employee Retirement Income Security Act because the primary purpose of the plan was...

Mealey's Labor & Employment - 9th Circuit: Company Must Assume Unpaid Withdrawal Liability Of Its Predecessor

PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on June 1 held that a company must assume its predecessor's unpaid withdrawal liability to a multiemployer pension plan because it was on constructive notice of potential withdrawal liability, reversing a lower court's ruling (Heavenly...

Mealey's Labor & Employment - Detroit Firefighters Failed To Show Bias In Layoffs; May Proceed Against Union

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on June 1 reinstated national origin and race bias claims by Detroit firefighters against their union as the result of a change in seniority calculation for layoffs, joining the Ninth and Seventh circuits in holding that Title VII of the Civil...

Mealey's Labor & Employment - 5th Circuit Affirms Arbitrator Ruling For Union In Dispute Over Contract Workers

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 1 upheld an arbitrator's ruling in favor of a union in a dispute over an employer's use of numerous contract workers to complete a large project, finding that parties were bound by the decision pursuant to their collective bargaining...

Mealey's Labor & Employment - Amici Warn Of Domino Effect, Higher Health Costs If ERISA Preemption Ruling Stands

WASHINGTON, D.C. - An Oklahoma Supreme Court ruling finding an insured's suit against a provider outside ERISA's preemption powers could topple the first domino in a chain leading to higher prices for health care generally, an amicus curiae group warns the nation's top court in a June 4 brief...

Mealey's Labor & Employment - Disability Bias Claim By Nurse Who Refused Vaccine Is Reinstated By 3rd Circuit

PHILADELPHIA - A Pennsylvania nurse, Aleka Ruggiero, who was fired for refusing to get a required vaccine, may proceed with her complaint under the Americans with Disabilities Act (ADA), a Third Circuit U.S. Court of Appeals panel ruled June 5 (Aleka Ruggiero v. Mount Nittany Medical Center, et al.,...

Mealey's Labor & Employment - 11th Circuit Reinstates Clerk's Race Bias, Retaliation Claims

ATLANTA - A clerk who was fired a week after complaining about alleged race discrimination may proceed with her claims of retaliation and some of her race and nationality discrimination claims, an 11th Circuit U.S. Court of Appeals panel ruled June 1, finding direct evidence of discrimination when the...

Mealey's Labor & Employment - Split 4th Circuit Upholds Ruling For Bank On Accounting-For-Profit Claim

RICHMOND, Va. - A divided Fourth Circuit U.S. Court of Appeals panel on June 5 upheld a district court judgment holding that employees in a decade-long case over a bank's illegal transfer of assets from a 401(k) plan to an Employee Retirement Income Security Act pension plan failed to show that any...

Mealey's Labor & Employment - 9th Circuit: Mental Health Law Mandates Inpatient Room And Board Coverage

SAN FRANCISCO - Health insurance plans covering room and board for medical and surgical procedures must do so for inpatient mental health stays as well under federal law, a Ninth Circuit U.S. Court of Appeals panel held June 6 in reinstating an Employee Retirement Income Security Act action (Danny P...

Mealey's Labor & Employment - Deutsche Bank Awarded Partial Summary Judgment Over Alleged ERISA Violations

NEW YORK - A federal judge in New York on June 6 awarded partial summary judgment to Deutsche Bank Americas Holding Corp. and its co-defendants on allegations that they violated the Employee Retirement Income Security Act by engaging in prohibited transactions when overseeing a 401(k) plan, finding that...

Mealey's Labor & Employment - High Court Refuses To Grant Life Insurer's Petition In ERISA Beneficiary Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on June 11 denied a life insurer's petition for writ of certiorari challenging a lower court's finding that a divorce decree suffices as a qualified domestic relations order (QDRO) that "clearly specifies" a decedent's daughter as the beneficiary...

Mealey's Labor & Employment - Majority: CBAs Unambiguously Do Not Provide For Lifetime Retiree Health Care Benefits

CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on June 8 reversed a lower court's finding that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant, concluding...

Mealey's Labor & Employment - Judgment Entered Against Foot Locker In Pension Plan Dispute; Counsel Awarded $95M

NEW YORK - A federal judge in New York on June 8 entered an order of final judgment in favor of plaintiffs who claimed that Foot Locker Inc. violated the Employee Retirement Income Securities Act by failing to properly provide retirement plan participants with notices about changes to the plan and found...

Mealey's Labor & Employment - Kentucky Federal Judge Finds Sexual Orientation Is Not Protected Under Title VII

OWENSBORO, Ky. - Bias based on a worker's sexual orientation is not barred under Title VII of the Civil Rights Act of 1964 or Kentucky state law, a Kentucky federal judge ruled June 12, citing a 2009 decision by the Sixth Circuit U.S. Court of Appeals (Terry Lindsey v. Management & Training Corporation...

Mealey's Labor & Employment - 5th Circuit: Hospital Seeking Benefits Doesn't Need Specific Language From Every Plan

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on June 12 partially reinstated a hospital's claims for unpaid or underpaid benefits, ruling that claims for benefits under 29 U.S.C. Section 1132(a)(1)(B) don't need to identify the specific language of every plan provision to survive...

Mealey's Labor & Employment - CSX To Pay $3.2M To Settle EEOC Sex Bias Case

HUNTINGTON, W.Va. - A West Virginia federal judge on June 12 signed off on a $3.2 million settlement to be paid by CSX Transportation Inc. to end a lawsuit by the Equal Employment Opportunity Commission alleging that required strength tests for certain jobs was discriminatory against women (U.S. Equal...