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Mealey's Labor & Employment - Judge Orders Response From Blue Cross To Tribe's ERISA Document Request

BAY CITY, Mich. - A Michigan federal judge on April 13 directed an Indian tribe's health care plan administrator to respond to the tribe's request to file four sealed summary judgment documents on the public record in the tribe's lawsuit alleging violations of the Employee Retirement Income...

Mealey's Labor & Employment - Panel Affirms Dismissal Of Disability Claimant's Claim For Deprivation Of Rights

CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 14 affirmed a district court's dismissal of a disability claimant's allegation of deprivation of rights after determining that the pension plan that administered the disability plan at issue did not act in the interests of the "state"...

Mealey's Labor & Employment - 8th Circuit Reverses, Sends Ex-Workers' Age Bias Claims To Arbitration

ST. PAUL, Minn. - Thirty-three laid-off General Mills Inc. workers must have their age discrimination claims decided in arbitration individually, and not as a class, and they are not entitled to declaratory judgment regarding their rights under the Age Discrimination in Employment Act (ADEA) because...

Mealey's Labor & Employment - 2nd Circuit Affirms Ruling Refusing To Certify FLSA And NYLL Class Actions

NEW YORK - The Second Circuit U.S. Court of Appeals on April 14 rejected an appeal of a court decision that refused to certify multiple class actions asserting violations of labor law, finding that the court's ruling was well reasoned and that it did not err when it found that the proposed classes...

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 - 7th Circuit Panel Affirms Disability Plan Benefit Was Not Available To Claimant

CHICAGO - The Seventh Circuit U.S. Court of Appeals on April 18 affirmed a district court's ruling that a disability insurer did not act arbitrarily or capriciously in denying a claim for disability life insurance benefits because the disability life insurance benefit was not in the disability plan...

Mealey's Labor & Employment - EEOC Sues Miami Beach Hotel For Firing Black Haitian Kitchen Workers

MIAMI - The Equal Employment Opportunity Commission filed suit on April 18 against the owners, operators and managers of SLS Hotel South Beach in Florida federal court on behalf of a class of black Haitian kitchen workers claiming that the defendants fired them because of their national origin, race...

Mealey's Labor & Employment - Waffle House Job Applicants Sue Over Background Reports

ORLANDO, Fla. - Waffle House Inc. and WH Capital LLC (together, Waffle House) and other companies violated the Fair Credit Reporting Act (FCRA), 15 U.S.C. 1681, by obtaining and using information from background reports for job applicants without providing proper disclosures to the applicants before...

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...

Mealey's Labor & Employment - Retiree Class Certified In Suit Over Union's Authority To Agree To Medical Changes

NEW HAVEN, Conn. - A Connecticut federal judge on April 19 certified a class of retirees in a suit filed by an employer seeking a court declaration that a union has the authority to agree to changes in retiree medical benefits for those persons who retired after a 1996 class action settlement that provided...

Mealey's Labor & Employment - Split 6th Circuit Reinstates Retaliation Claims For Firing After FMLA Leave

CINCINNATI - An employee with mental health issues who was demoted and then fired after taking leave under the Family and Medical Leave Act (FMLA) may proceed with his retaliation claims brought under the FMLA and the Americans with Disabilities Act (ADA), a split Sixth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - 5th Circuit Reverses Ruling Finding Technician Repairing Oil Rigs Is A Seaman

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 19 reversed a trial court's summary judgment ruling in favor of an employer, finding that it had not been established as a matter of law that the Fair Labor Standard Act's (FLSA) seaman exemption applies to the plaintiff, who...

Mealey's Labor & Employment - Supreme Court Rules Against Tribal Casino Limo Driver In Couple's Negligence Suit

WASHINGTON, D.C. - An Indian tribe's sovereign immunity does not protect a tribal casino limousine driver from an individual capacity lawsuit filed by a couple injured in a crash with the limo because the driver is the actual party in interest, not the tribe, a unanimous U.S. Supreme Court held April...

Mealey's Labor & Employment - 5th Circuit Panel Affirms Abuse-Of-Discretion Standard Proper In Benefits Denial

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 21 affirmed a Texas federal judge's ruling denying coverage for partial hospitalization for mental health treatment, saying that the judge properly reviewed the denial of coverage under an abuse-of-discretion standard (Ariana M. v...

Mealey's Labor & Employment - High Court Refuses To Review Ruling On Remand Of Disability Benefits Claim

WASHINGTON, D.C. - The U.S. Supreme Court on April 24 denied a disability claimant's petition for writ of certiorari, refusing to review the Sixth Circuit U.S. Court of Appeals' decision that that the remand of a disability retirement claim was not an abuse of discretion or a violation of a previous...

Mealey's Labor & Employment - Supreme Court Hears Arguments On Personal Jurisdiction For BNSF Injury Suits

WASHINGTON, D.C. - BNSF Railway Co. is not subject to general personal jurisdiction in Montana because it is not at home in that state, the attorney representing BNSF argued on April 25 before the U.S. Supreme Court in the appeal of two personal injury cases that were consolidated by the Montana Supreme...

Mealey's Labor & Employment - Iowa Top Court Rejects Chiropractors' Unequal Pay Claim Against Insurer

DES MOINES, Iowa - Iowa state law does not require insurers to compensate chiropractors at the same rate as other medical professionals and would be preempted by ERISA if it did, the Iowa Supreme Court held April 21 (Lyle H. Abbas, et al. v. Iowa Insurance Division, Wellmark Inc., et al., No. 15-1248...

Mealey's Labor & Employment - 10th Circuit Orders Reconsideration Of Personal Liability In Bias Suit

DENVER - A Colorado federal court erred in finding that under the cat's paw theory, an unbiased decisionmaker may be personally liable for an adverse action based on a subordinate supervisor's racially motivated recommendation, a 10th Circuit U.S. Court of Appeal panel ruled April 21; however...

Mealey's Labor & Employment - Employee's Profane Facebook Post Protected By NLRA, 2nd Circuit Finds

NEW YORK - Even though a fired employee's Facebook post was vulgar and offensive, a Second Circuit U.S. Court of Appeals panel on April 21 found that it constituted protected, union-related speech under the National Labor Relations Act (NLRA), leading the panel to grant a petition to enforce by the...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Dismissal Of Suit Against Hartford Financial, Retailer

NEW YORK - In an unpublished decision, a Second Circuit U.S. Court of Appeals panel held April 25 that a Connecticut federal judge properly dismissed a putative class action filed by Family Dollar Stores Inc. employees under the Employee Retirement Income Security Act for failure to state a claim upon...

Mealey's Labor & Employment - 4th Circuit Panel Affirms Plan Wrongfully Denied Man's Early Retirement Benefits

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 24 affirmed a North Carolina judge's ruling that a man's pension plan wrongfully denied him regular early retirement benefits, saying that the man clearly qualified for regular early retirement under the plan's terms (Garry...

Mealey's Labor & Employment - D.C. Circuit: Hotel Did Not Violate Labor Act When It Suspended A Bellman

WASHINGTON, D.C. - A Las Vegas hotel did not violate the National Labor Relations Act (NLRA) when is suspended a bellman to investigate a customer complaint after the bellman refused to make a statement about the incident without a union representative present, the District of Columbia Circuit U.S. Court...

Mealey's Labor & Employment - Labor Board ALJ Finds AT&T's Privacy Rule For Workers Is Too Broad

WASHINGTON, D.C. - AT&T Mobility LLC's privacy policy for employees that prohibits the recording of conversations with co-workers, managers and third parties is overly broad and violates the National Labor Relations Act (NLRA), an administrative law judge (ALJ) ruled April 25 (AT&T Mobility...