LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Split 6th Circuit Panel: Grocery Clerk May Proceed With Federal Bias Claims

CINCINNATI - A former grocery store clerk who was fired after almost four decades based on lifting restrictions may proceed with his federal age and disability bias claims, a split Sixth Circuit U.S. Court of Appeals majority ruled Oct. 21, finding that the clerk submitted evidence of age discrimination...

Mealey's Labor & Employment - Maryland Federal Judge Finds Plan Trustee Jointly Liable For Alleged Breaches

BALTIMORE - A Maryland federal judge on Oct. 20 denied a motion to dismiss five counts in a 10-count complaint brought by U.S. Secretary of Labor Thomas E. Perez against Chimes District of Columbia Inc. alleging that an employee benefit plan sponsored by Chimes paid millions of dollars in excessive fees...

Mealey's Labor & Employment - 7th Circuit Panel Finds Suit Against Insurers Not Allowed By Section 502(a)(3)

CHICAGO - Joining its sister circuits, a Seventh Circuit U.S. Court of Appeals panel on Oct. 24 held that a health plan trustee's suit against insurers to recoup amounts it paid for the beneficiaries' medical care seeks legal relief, not equitable relief, and as such is not authorized by Employee...

Mealey's Labor & Employment - 9th Circuit Reinstates Employee's Claims Against Union Over Denial Of Bump Back

PASADENA, Calif. - A former hospital employee who had her union negotiate an agreement with her employer that would permit her to "bump" back from her promotion to a prior position in the event of a reduction-in-force (RIF) may proceed with her claims against the union after she was terminated...

Mealey's Labor & Employment - Texas Federal Judge Lets ERISA Claim Stand In Action Against Employer

DALLAS - A Texas federal judge on Oct. 24 partially denied a motion to dismiss for failure to state a claim in an action in which a man says he was illegally fired by his employer so it could stop paying for his medical expenses under its medical insurance plan, finding that he has sufficiently alleged...

Mealey's Labor & Employment - California Federal Judge Sets Payments To ESOP, Bank Plan Participants

SAN FRANCISCO - A California federal judge on Oct. 24 ordered the fiduciaries of the California Pacific Bank employee stock ownership plan (ESOP) to pay more than $150,000 in principal and lost interest to the plan and set the principal and interest owed to plan participants for the plan's failure...

Mealey's Labor & Employment - Obama Administration Calls For Restrictions On Noncompetition Clauses

WASHINGTON, D.C. - The Obama administration on Oct. 25 issued a "state call to action" for restrictions on noncompete agreements that ban workers from starting a company or going to work for a competitor for a certain period after leaving a job, saying it would empower and inform consumers...

Mealey's Labor & Employment - Federal Judge: Tribe's ERISA Claim Over 'Hidden' Plan Fees Can Proceed

BAY CITY, Mich. - A Michigan federal judge on Oct. 27 stood by his dismissal of an Indian tribe's claim that its health care plan administrator breached its fiduciary duty under the Employee Retirement Income Security Act by failing to pay Medicare-like rates (MLRs) for certain health services but...

Mealey's Labor & Employment - Supreme Court Won't Review 7th Circuit Ruling That AAA May Impose Higher Fees

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 31 denied a petition for writ of certiorari asking it to review a Seventh Circuit U.S. Court of Appeals decision affirming an Illinois federal judge's determination that a pension fund need not refund contributions made by an employer on behalf of...

Mealey's Labor & Employment - High Court Won't Review Reversal Of Benefits Ruling For Moen Inc. Retirees

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 31 denied a petition for writ of certiorari asking it to review a divided Sixth Circuit U.S. Court of Appeals panel decision that reversed a district court's ruling in favor of a class of retirees from Moen Inc. who argued that their collective bargaining...

Mealey's Labor & Employment - U.S. Supreme Court Hears Arguments On Permissible Vacancy Appointments

WASHINGTON, D.C. - The restrictions in Section 3345(b)(1) of the Federal Vacancies Reform Act of 1998 (FVRA) preventing an individual from serving as both a nominee and acting official for a single office apply only to a person serving as first assistant in that office and acting pursuant to the automatic...

Mealey's Labor & Employment - D.C. Federal Judge Denies NAFA Preliminary Injunction Against Labor Department Fiduciary Rule

WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 4 denied the National Association for Fixed Annuities' (NAFA) motion for a preliminary injunction against the U.S. Department of Labor's (DOL) fiduciary rule and granted the DOL's request for summary judgment, saying that the...

Mealey's Labor & Employment - 9th Circuit Reverses Hostile Work Environment Preemption Ruling

SEATTLE - A Washington federal court erred when it determined that an employee's state law gender-based hostile work environment claim was preempted by Section 301 of the Labor Management Relations Act (LMRA), a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 4, reinstating the jury verdict...

Mealey's Labor & Employment - U.S. Supreme Court Refuses To Hear Union Election Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Nov. 14 denied a petition for writ of certiorari filed by a Mystic, Conn., nursing home seeking the review of a September 2015 decision in which the District of Columbia Circuit U.S. Court of Appeals ruled that the makeup of the National Labor Relations Board...

Mealey's Labor & Employment - Bentonville, Ark., McDonald's Franchisee To Pay $103,000 To Settle Discrimination Suit

FAYETTEVILLE, Ark. - The U.S. Equal Employment Opportunity Commission announced Nov. 11 that an Arkansas McDonald's restaurant franchisee will pay $103,000 to settle a disability discrimination lawsuit brought by the EEOC on behalf of an employee who was fired because of his HIV-positive status ...

Mealey's Labor & Employment - Tribal Immunity Does Not Cover Casino Limo Driver, Crash Victims Tell High Court

WASHINGTON, D.C. - The U.S. Supreme Court should reverse 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 because the holding "would represent an...

Mealey's Labor & Employment - New York Federal Judge Remands Disability Case To Aetna Life Insurance

ROCHESTER, N.Y. - A New York federal judge in an opinion filed Nov. 18 granted partial summary judgment to a man whose long-term disability claims were denied, saying that the defendants failed to adequately explain all of the reasons for denying the claim in violation of the Employee Retirement Income...

Mealey's Labor & Employment - Pennsylvania Federal Judge: ERISA Controls Breach Of Contract, Fiduciary Duty Claims

PHILADELPHIA - A Pennsylvania federal judge in an opinion filed Nov. 18 denied a plaintiff's motion to remand a case alleging improper denial of claims under an Employee Retirement Income Security Act-qualified health plan to state court, saying that claims for breach of contract and breach of fiduciary...

Mealey's Labor & Employment - Illinois Federal Judge Enforces Settlement, Grants Plumbers Union $82,707

ROCK ISLAND, Ill. - An Illinois federal judge on Nov. 21 granted a motion to enforce the terms of an agreement to settle an Employee Retirement Income Security Act lawsuit and ordered defendant Midwest Underground Inc. to pay the plaintiff plumber union funds $82,707 (Plumbers and Pipefitters Local Union...

Mealey's Labor & Employment - Alabama Federal Judge Says Prudential Insured's Remand Motion Preempted By ERISA

SELMA, Ala. - An Alabama federal judge on Nov. 18 denied a Prudential Insurance Co. insured's motion to remand to state court an action alleging that the insured failed to pay any policy benefits, saying that his state law claims are completely preempted by the Employee Retirement Income Security...

Mealey's Labor & Employment - Texas Federal Judge Withholds Ruling On Proposed $8.8 Million ERISA Class Action Settlement

FORT WORTH, Texas - A Texas federal judge on Nov. 18 withheld ruling on a plaintiffs' motion for conditional certification and preliminary approval of an $8.8 million Employee Retirement Income Security Act class action settlement, saying that he did not have enough information to conclude that the...

Mealey's Labor & Employment - Texas Federal Judge Issues Preliminary Injunction Against DOL Wages Rule

SHERMAN, Texas - A Texas federal judge on Nov. 22 issued a nationwide preliminary injunction requested by the state of Nevada and 20 other states barring the U.S. Department of Labor (DOL) wage rule that was to increase the minimum salary level for executive, administrative and professional (EAP) employees...

Mealey's Labor & Employment - D.C. Federal Judge Denies Motion For Injunction Staying Fiduciary Rule

WASHINGTON, D.C. - A District of Columbia federal judge on Nov. 23 denied the National Association for Fixed Annuities' (NAFA) motion for a preliminary injunction staying the applicability date of the new U.S. Department of Labor (DOL) rule regulating conflicts of interest in the market for retirement...

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...