LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Papa John's Franchise Owners' Class Action Waiver Is Declared Invalid

SAN DIEGO - A class action waiver that was part of the arbitration agreement between the owner of Papa John's Pizza franchises and an employee who filed a class complaint is invalid because it precludes the employee from engaging in at least one of the three types of concerted actions the National...

Mealey's Labor & Employment - $2 Million Costco Truck Drivers' Wage Settlement Is Granted Preliminary Approval

SAN DIEGO - A California federal judge on May 11 granted preliminary approval of a $2 million settlement proposed by Costco Wholesale Corp. to end truck drivers' wage claims, less than a month after the same judge rejected the proposed settlement for the second time; however, the judge noted that...

Mealey's Labor & Employment - 9th Circuit Says Disability Claimant Failed To Provide Objective Medical Findings

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeal on May 11 affirmed a district court's ruling after determining that a long-term disability (LTD) claim was properly denied because the claimant failed to provide any objective medical findings in support of the claim for benefits (Tricia Z. Cooper...

Mealey's Labor & Employment - 11th Circuit Panel: ERISA Doesn't Let Paper Company Sue Pension Fund Over Changes

ATLANTA - In a case of first impression, a three-judge 11th Circuit U.S. Court of Appeals panel ruled May 16 that a corrugated packaging and paper company could not sue a multiemployer pension plan under the Employee Retirement Income Security Act because the statute does not allow employers to sue over...

Mealey's Labor & Employment - Costco FCRA Disclosure Class Suit Is Sent Back To State Court

SEATTLE - A Washington federal judge on May 16 remanded a class suit accusing Costco Wholesale Corp. of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants, finding that a lack...

Mealey's Labor & Employment - Judge Declines To Strike Expert's Interest Analysis For Tribe's ERISA Claims

BAY CITY, Mich. - If an Indian tribe prevails on its claim that its health care plan administrator violated the Employee Retirement Income Security Act by charging hidden fees and pursues prejudgment interest, its expert on calculating the interest amount can offer his analysis at trial, a Michigan federal...

Mealey's Labor & Employment - Split 3rd Circuit Upholds Denial Of Arbitration Of Overtime Claims

PHILADELPHIA - Two wage claims brought by a proposed class of nursing assistants don't depend on disputed interpretations of provisions in their collective bargaining agreement (CBA), a split Third Circuit U.S. Court of Appeals panel ruled May 18, upholding a denial of arbitration (Tymeco Jones,...

Mealey's Labor & Employment - Professional Liability Insurer Owes Defense To 2 Of 3 Au Pair Placement Agencies

DENVER - A Colorado federal judge on May 17 found that a professional liability insurer has a duty to defend two out of three insureds against underlying claims that they operated as a cartel and colluded to fix standard au pair wages (Colony Insurance Co. v. Expert Group International Inc., et al.,...

Mealey's Labor & Employment - EEOC Sues Ruby Tuesday, Alleging Age Bias In Failing To Hire Older Man

FORT LAUDERDALE, Fla. - The U.S. Equal Employment Opportunity Commission on May 17 sued Ruby Tuesday Inc. in Florida federal court, alleging that it violated the Age Discrimination in Employment Act (ADEA) by failing to hire a man for a vacant general manager position at its Boca Raton, Fla., location...

Mealey's Labor & Employment - 7th Circuit Majority Says Reinstatement Of Disability Benefits Was Reasonable

CHICAGO - The majority of a Seventh Circuit U.S. Court of Appeals panel on May 18 affirmed a district court's judgment of more than $580,000 in past disability benefits in favor of a disability claimant after determining that the plan did not specify any type of job the claimant is capable of performing...

Mealey's Labor & Employment - High Court Denies Disability Plan Administrators' Petition For Writ Of Certiorari

WASHINGTON, D.C. - The U.S. Supreme Court on May 22 denied a petition for writ of certiorari filed by disability plan administrators claiming that a district court and the Second Circuit U.S. Court of Appeals failed to follow prior decisions issued by the U.S. Supreme Court in disability insurance cases...

Mealey's Labor & Employment - 6th Circuit Panel: Ford Retirement Plan Election Window Not Capricious

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on May 19 affirmed a Michigan federal judge's dismissal of denial of benefits and breach of fiduciary duty claims against Ford Motor Co. and its retirement plan, saying it was not arbitrary and capricious for Ford to set a period to elect lump...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Dismissal Of Dentist's ERISA, ADEA, PHRA Claims

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on May 19 affirmed dismissal of a 61-year-old dentist's claims of age discrimination and violation of the Employee Retirement Income Security Act, saying that she presented no direct evidence of age discrimination or intentional interference...

Mealey's Labor & Employment - 2nd Circuit Panel: Doctor's Suit Against Insurer Not Completely Preempted By ERISA

NEW YORK - A Second Circuit U.S. Court of Appeals panel on May 18 held that the Employee Retirement Income Security Act does not completely preempt an "out-of-network" health care provider's promissory estoppel claim against a health insurer where the provider did not receive a valid assignment...

Mealey's Labor & Employment - Frozen Foods Company Will Pay $4.5 Million To Settle Class Wage Claims

FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona...

Mealey's Labor & Employment - Class' New York State Wage Claims Are Transferred To California Federal Court

NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al...

Mealey's Labor & Employment - 5th Circuit: Employer Had No Reasonable Basis To Remove Employee's Counterclaims

NEW ORLEANS - An employer had no reasonable basis to remove to federal court counterclaims filed by its employer, a Fifth Circuit U.S. Court of Appeals panel ruled May 22, vacating a trial court's order and remanding for reconsideration of attorney fees for the employee (Renegade Swish, L.L.C. v...

Mealey's Labor & Employment - 2nd Circuit Certifies New York State Law Disability Question To Appeals Court

NEW YORK - In a suit brought by two police officers who were directed to undergo treatment for alcoholism, a Second Circuit U.S. Court of Appeals panel on May 22 certified a question to the New York Court of Appeals to decide whether sections of the New York City Administrative Code preclude an individual...

Mealey's Labor & Employment - Judge: Potentially Duplicative Claims OK While Court Sorts Out ERISA Case

MILWAUKEE - Plaintiffs alleging that they were undercompensated by their health plan's systemic miscalculation of reasonable out-of-network charges may bring potentially duplicative claims while the court works out the injuries and appropriate remedies, a federal judge in Wisconsin held May 22 (Brenten...

Mealey's Labor & Employment - DOL Fiduciary Duty Rule Set To Take Effect On June 9

WASHINGTON, D.C. - The U.S. Department of Labor's (DOL) new fiduciary duty rule regarding investment advice will take effect June 9, Secretary of Labor Alexander Acosta said in a May 23 op-ed article in The Wall Street Journal.

Mealey's Labor & Employment - Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims

SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary...

Mealey's Labor & Employment - 9th Circuit Affirms Ruling That Disability Claimant Waived Right To Contest Denial

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 22 affirmed a district court's finding that a disability claimant waived his rights to contest the termination of his disability benefits because the claimant signed a waiver of all rights, including his rights to contest the termination...

Mealey's Labor & Employment - 9th Circuit: Trial Court Abused Its Discretion Not Enforcing EEOC Subpoena

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 24, considering a case on remand from the U.S. Supreme Court, vacated a trial court's order denying enforcement of an Equal Employment Opportunity Commission administrative subpoena issued as part of the investigation of a gender bias...

Mealey's Labor & Employment - Drillers' Wage-And-Hour Class Suit Is Settled For $3 Million

FRESNO, Calif. - A California federal judge on May 23 granted preliminary approval of a $3 million settlement to be paid by an industrial service company to end claims that it improperly classified directional drillers as independent contractors and failed to pay overtime wages and meal and rest period...

Mealey's Labor & Employment - EEOC Sues Over Firing Of Transgender Man For Website Posting

SAN FRANCISCO - Stating that a transgender man was terminated in retaliation for his posting on an employer-rating website that criticized the employer's purported discriminatory practices the U.S. Equal Employment Opportunity Commission on May 24 filed a complaint on the employee's behalf in...