LexisNexis® Legal Newsroom
Mealey's Labor & Employment - High Court Finds UCL Claim Is Not Preempted By Federal Health And Safety Law

SAN FRANCISCO - The California Supreme Court on Feb. 8 reversed an appeals court finding that a district attorney's claims for violation of California's unfair competition law (UCL) and false advertising law asserted against a plastics maker in relation to an explosion that killed two employees...

Mealey's Labor & Employment - Maine Dairy Seeks To Settle Serial Comma Dispute With Class Of Employees For $5M

PORTLAND, Maine - A Maine dairy company and a class of workers entangled in a wage-and-hour lawsuit stemming from the lack of a serial comma in a list of activities exempted from Maine's overtime law filed a motion on Jan. 8 for preliminary review of a proposed $5 million settlement (Christopher...

Mealey's Labor & Employment - Claimant Failed To Prove Back Pain Was Sole Cause Of Disability

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Feb. 12 affirmed a district court's ruling that a disability insurer's termination of benefits was not arbitrary and capricious because the claimant failed to prove that she suffered solely from a physical disability that precluded her...

Mealey's Labor & Employment - Jewish School Settles Kitchen Workers' Wage Claims For $1 Million

NEW YORK - A New York federal magistrate judge on Feb. 9 granted final approval of a $1 million settlement to be paid by a Jewish school in Orange County, N.Y., to end class wage claims brought by the school's kitchen workers (Oscar Vivaldo, et al. v. United Talmudical Academy of Kiryas Joel, Inc...

Mealey's Labor & Employment - Federal Judge Grants Class Certification In NYU Retirement Plan Dispute

NEW YORK - A New York federal judge on Feb. 13 granted a motion for class certification in a lawsuit alleging that New York University (NYU) breached its duty of prudence under the Employee Retirement Income Security Act in its administration and management of its retirement plan (Dr. Alan Sacerdote...

Mealey's Labor & Employment - 2nd Circuit Denies Petition For Appeal Of Class Certification Grant

NEW YORK - The Second Circuit U.S. Court of Appeals on Feb. 13 denied a retirement plan's administrative and investment committees' petition for permission to appeal the grant of class certification in a breach of fiduciary duty case in which the investors claim that the defendants selected company...

Mealey's Labor & Employment - Sports Broadcaster Sues Don Imus, Others For Age Discrimination

NEW YORK - Sports broadcaster Warner Wolf filed an age discrimination complaint on Feb. 15 in a New York state court, his attorneys announced, against radio personality Don Imus and other former employers after he was abruptly fired and replaced with a sportscaster decades younger (Warner Wolf v. Don...

Mealey's Labor & Employment - U.S. High Court Reverses 6th Circuit Ruling On Retirees' Lifetime Benefits

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 issued a per curiam decision in an appeal over retiree's health care benefits and reversed a ruling by a Sixth Circuit U.S. Court of Appeals panel majority for the retirees, referencing a dissenting opinion that called the decision "Yard-Man...

Mealey's Labor & Employment - Supreme Court Won't Hear Foot Locker Pension Plan Charges Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by Foot Locker Inc. asking the high court to decide whether a class of pension plan participants could be certified in a case alleging violations of the Employee Retirement Income Security Act when Foot...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Appeal On Employer Stopping Its Contributions

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by an employer challenging a District of Columbia Circuit U.S. Court of Appeals panel's decision finding that it violated the National Labor Relations Act (NLRA) when it suspended contributions to...

Mealey's Labor & Employment - U.S. High Court Grants Divided Argument In Janus Agency Fee Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 16 granted a motion for divided argument by the respondents in an appeal over mandatory public-sector agency fees for employees who choose not to join a union and also granted a motion by the solicitor general for leave to participate in the oral arguments...

Mealey's Labor & Employment - 7th Circuit: Sales Manager Waived Untimeliness Argument In LTD Dispute

CHICAGO - An employee seeking long-term disability (LTD) benefits effectively waived his right to challenge the untimeliness of the initial denial of his claim as he chose to pursue an appeal first rather than filing suit, a Seventh Circuit U.S. Court of Appeals panel ruled Feb. 14 (John Dragus v. Reliance...

Mealey's Labor & Employment - Judge Rules For Insurer In Suit Alleging It Wrongfully Offset Veterans' Benefits

BOSTON - A Massachusetts federal judge on Feb. 14 granted summary judgment in favor of a disability insurer in a U.S. Army veteran's class action suit alleging that the insurer wrongfully offset disability benefits payable under its policy by disability benefits received from the U.S. Department...

Mealey's Labor & Employment - Judge Rejects Indiana's Challenge To ACA Employer Mandate

INDIANAPOLIS - Res judicata and U.S. Supreme Court precedent require judgment in favor of the federal government in a state's and school district's attack on the Patient Protection and Affordable Care Act (ACA) employer mandate, a federal judge in Indiana held Feb. 14 (Indiana, et al. v. Internal...

Mealey's Labor & Employment - Fired Employee May Conduct Discovery Into Confidential Data Breach Suit Documents

PHOENIX - Granting a joint discovery resolution motion filed by the parties in a wrongful termination suit, an Arizona federal magistrate judge on Feb. 14 found that an employee who was purportedly terminated for whistleblowing related to data breaches experienced by his former employer was entitled...

Mealey's Labor & Employment - U.S. High Court Won't Hear Appeal On ERISA Plan Administrator's Authority

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by a retired worker seeking a ruling on whether the administrator of an Employee Retirement Income Security Act-governed pension plan "may ignore a general rule that is expressly stated in the plan...

Mealey's Labor & Employment - 9th Circuit Will Rehear En Banc Consolidated Tip Credit Appeals

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 16 issued an order granting a rehearing en banc in consolidated cases all concerning employers accused of improperly claiming tip credits toward the required minimum wage (Alec Marsh v. J. Alexander's LLC, No. 15-15791, Crystal Sheehan...

Mealey's Labor & Employment - Employer Escapes ERISA Breach Claims As It Is Not Named Or Functional Fiduciary

LOS ANGELES - A California federal judge on Feb. 15 agreed to dismiss breach of fiduciary duty claims against an employer in an Employee Retirement Income Security Act proposed class complaint, finding that the plaintiffs - all retired or former employees - failed to show that the defendant, who was...

Mealey's Labor & Employment - Uber Driver Class Certified In Suit Over 'Upfront Pricing'

SAN FRANCISCO - A California federal judge in an order filed Feb. 16 certified a class of drivers suing Uber Technologies Inc. and its subsidiary Rasier LLC (collectively, Uber) for changing the pricing policy in 2016 and keeping a larger percentage of each fare, allegedly violating its agreement with...

Mealey's Labor & Employment - Whistleblower Definition Narrowed In U.S. Supreme Court Ruling

WASHINGTON, D.C. - The whistleblower anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 does not extend to individuals who report a securities law violation but do not report it to the Securities and Exchange Commission, the U.S. Supreme Court ruled Feb...

Mealey's Labor & Employment - Former UBS Employee Not A Whistleblower Under Dodd-Frank

NEWARK, N.J. - A former UBS Financial Services Inc. employee cannot claim that he was retaliated against in violation of the anti-retaliation provision of the Dodd-Frank Wall Street Reform and Consumer Protection Act because the former employee failed to show that he reported UBS's alleged securities...

Mealey's Labor & Employment - 9th Circuit Reinstates Claims By Seaman Injured In Boat Explosion

HONOLULU - A seaman who was injured when the boat he was working on exploded and can no longer work may proceed with his claims against the boat, despite a bankruptcy court's sale of the boat free and clear of the seaman's lien, a Ninth Circuit U.S. Court of Appeals panel ruled in an opinion...

Mealey's Labor & Employment - Judgment Reversed For Travel Company In Suit Over Employee's Competing Franchise

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 23 found that there were numerous disputes of material fact and partially reversed a trial court's summary judgment ruling in a multifaceted dispute between a travel company and a former employee and her husband who opened a travel...

Mealey's Labor & Employment - Age Discrimination Claim Is Not Preempted By ERISA, Florida Federal Judge Says

TAMPA, Fla. - A former employee's age discrimination claim is not preempted by the Employee Retirement Income Security Act because the Florida Civil Rights Act provides an independent legal basis for the age discrimination claim, a Florida federal judge said April 20 in denying the defendants'...

Mealey's Labor & Employment - Judge Grants Counsel's Request To Withdraw, Finds Irreparable Breakdown

LOS ANGELES - After finding that an irreparable breakdown has occurred between counsel and employers named in an action filed by former employees who assert claims for violation of California's unfair competition law (UCL), fraud and other claims, a California federal judge on April 24 granted the...