LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 2nd Circuit Reinstates Gay Employee's Title VII Gender-Stereotyping Claim

NEW YORK - A Second Circuit U.S. Court of Appeals panel on March 27 reinstated a gay employee's bias claim, finding that while it can't reconsider the ruling in Simonton v. Runyon, 232 F.3d 33 (2d Cir. 2000), which held that Title VII of the Civil Rights Act of 1964 does not prohibit discrimination...

Mealey's Labor & Employment - Supreme Court Denies Cert In ERISA Class Action Against Verizon Communications

WASHINGTON, D.C. - In a two-sentence order, the U.S. Supreme on March 27 denied a petition for writ of certiorari filed by a defined-benefit pension plan participant and the Pension Rights Center in which they asked the court to consider whether the participant has standing to file a breach of fiduciary...

Mealey's Labor & Employment - Plan Excludes 'Educational Setting' Mental Health Treatment, 1st Circuit Finds

BOSTON - A Blue Cross Blue Shield company correctly denied coverage for a teenager's residential center treatment for his mental health problems because his father's group health insurance plan did not provide coverage for services rendered in an educational setting and the services at issue...

Mealey's Labor & Employment - U.S. High Court: Abuse Of Discretion Review For EEOC Subpoena

WASHINGTON, D.C. - When a district court is deciding whether to enforce or quash an Equal Employment Opportunity Commission subpoena, it should review the subpoena for abuse of discretion, not de novo, a divided U.S. Supreme Court ruled April 3, vacating a decision by the Ninth Circuit U.S. Court of...

Mealey's Labor & Employment - Texas Roadhouse Agrees To Pay $12 Million To Settle EEOC Age Bias Suit

BOSTON - A Kentucky-based steakhouse chain will pay $12 million to settle an age discrimination lawsuit brought by the Equal Employment Opportunity Commission on behalf of class of applicants who allegedly have been denied positions due to their ages, the EEOC announced March 31 (Equal Employment Opportunity...

Mealey's Labor & Employment - 1st Circuit Enforces Labor Board's Bargaining Order Against Successor Employer

BOSTON - The National Labor Relations Board did not err when it adhered to the "successor bar doctrine" established in UGL-UNICCO Service Co., 357 N.L.R.B. 801 (2011), and ruled that the company that obtained a portion, including employees, of a bankrupt auto parts delivery company was a successor...

Mealey's Labor & Employment - NLRB's Jurisdictional Award Precludes ERISA Claims, Majority Affirms

CINCINNATI - A majority of the Sixth Circuit U.S. Court of Appeals on March 30 affirmed a lower federal court's ruling that a jurisdictional award by the National Labor Relations Board bars claims by plaintiffs in an Employee Retirement Income Security Act contribution action (Raymond Orrand, et...

Mealey's Labor & Employment - Split En Banc 7th Circuit: Sexual Orientation Bias Is Form Of Sex Discrimination

CHICAGO - The en banc Seventh Circuit U.S. Court of Appeals agreed "to take a fresh look" at bias on the basis of a person's sexual orientation and issued a divided opinion on April 4 in which the majority ruled that that type of discrimination is a form of sex discrimination under Title...

Mealey's Labor & Employment - 8th Circuit: Employer Failed To Show It Had A Legal Reason To Pay Women Less

ST. PAUL, Minn. - An employer accused by three female workers of paying them less than male counterparts failed to show that an economic downturn or audit evidence, which was excluded during the trial, cleared it of discrimination charges, the Eighth Circuit U.S. Court of Appeals ruled April 3 (Erin...

Mealey's Labor & Employment - 6th Circuit: Amazon Doesn't Need To Pay Workers For Time Going Through Security

CINCINNATI - Warehouse workers are not owed wages under Kentucky state law for time spent going through post-shift security screening because the Kentucky Supreme Court would apply Integrity Staffing Solutions, Inc. v. Busk, 135 S. Ct. 513 (2014), to the Kentucky Wages and Hours Act (KWHA), the Sixth...

Mealey's Labor & Employment - Judge Finds Coke Had No Contractual Duty To Safeguard Employee Information

PHILADELPHIA - Finding that The Coca-Cola Co. (Coke) had neither an express nor implied contractual duty to protect its employees' personally identifiable information (PII), a Pennsylvania federal judge on March 31 granted summary judgment to the beverage company on a putative breach of contract...

Mealey's Labor & Employment - DOL Announces 60-Day Extension Of Fiduciary Rule's Applicability

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) in an April 4 press release on its website announced a 60-day extension of the applicability dates of its new fiduciary rule and related exemptions, following a Feb. 3 presidential memorandum that directed the department to examine the rule to ensure...

Mealey's Labor & Employment - 5th Circuit Denies Motion For Injunction Pending Appeal Of DOL Fiduciary Rule

NEW ORLEANS - With no comment, a Fifth Circuit U.S. Court of Appeals panel on April 5 denied an emergency motion filed by a consortium of eight national and Texas-based trade associations that sell annuities and other life insurance products for an injunction pending appeal of the U.S. Department of...

Mealey's Labor & Employment - 56 House Members Ask For Temporary Hold On Joint Employer Standard

WASHINGTON, D.C. - In a letter to the House Appropriations Committee, 56 bipartisan members of the U.S. House of Representatives call on committee leaders to include a joint employer policy provision in the Fiscal Year 2018 Labor, Health and Human Services, Education and Related Agencies Appropriations...

Mealey's Labor & Employment - 6th Circuit Affirms Ruling Dismissing ERISA Suit Against Cliffs Natural Resources

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on April 7 affirmed an Ohio federal judge's decision to dismiss a class action filed by members of the Cliffs Natural Resources Inc. employee stock ownership plan (ESOP) alleging breach of fiduciary duty under the Employee Retirement Income...

Mealey's Labor & Employment - Twice Fired Garbage Truck Driver May Proceed With Wrongful Termination Claim

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on April 7 reinstated a wrongful termination claim by a garbage truck driver who was fired twice by the same employer, finding that the employer's proffered reason for the second firing - the employee's failure to provide proof of...

Mealey's Labor & Employment - 10th Circuit: Grip Strength Impairment Is Not A Disability

DENVER - A job applicant whose offer of employment was revoked after the employer found that his grip strength impairment was not compatible with the job failed to show that his impairment was a disability, the 10th Circuit U.S. Court of Appeals ruled April 11, affirming a grant of summary judgment in...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Dismissal Of ERISA Suit On Res Judicata Grounds

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on April 11 affirmed a New Jersey federal court's dismissal of a lawsuit challenging a ruling that a man was ordered to reimburse a health benefit plan after he obtained a settlement from a third party for injuries he suffered in an accident...

Mealey's Labor & Employment - U.S. Steel Subsidiary Will Pay $150,000 To Settle Hair Follicle Test Dispute

HOUSTON - U.S. Steel Tubular Products Inc. (USSTP) has agreed to pay $150,000 to settle religious bias and retaliation claims after it revoked a job offer when the worker requested an alternate hair follicle drug test due to his religious beliefs, the Equal Employment Opportunity Commission announced...

Mealey's Labor & Employment - 2nd Circuit Panel: ERISA Plaintiff Failed To Exhaust Administrative Procedures

NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 10 affirmed a New York federal judge's ruling that a plaintiff in an Employee Retirement Income Security Act lawsuit failed to exhaust a pension plan's internal administrative procedures before filing suit (Kevin McCulloch v. Board...

Mealey's Labor & Employment - Supreme Court Hears 'Mixed' Civil Service Termination, Discrimination Case

WASHINGTON, D.C. - The U.S. Supreme Court grappled April 17 with a statutory scheme for federal workers who challenge employment decisions that is designed to prevent claim splitting and to streamline the judicial process for often pro se litigants but that Justice Samuel Anthony Alito Jr. called "unbelievably...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms New York Judge's Dismissal Of Pension, Benefits Claims

NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 14 affirmed a New York federal judge's dismissal of a plaintiff's claims for pension and stock benefits on timeliness grounds, saying that his complaint was filed well outside of the six-year limitations period that applies to Employee...

Mealey's Labor & Employment - New York Federal Judge Unseals Order Certifying J.P. Morgan ERISA Class

NEW YORK - A New York federal judge on April 17 unsealed a two-week-old order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying he found evidence of a possible causal link between alleged breaches of fiduciary...

Mealey's Labor & Employment - American Dental Association To Pay $1.95M To Settle EEOC Bias Charges

CHICAGO - The American Dental Association (ADA) has agreed to pay $1.95 million to settle two discrimination charges, the Equal Employment Opportunity Commission announced April 21.

Mealey's Labor & Employment - Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice

PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of...