LexisNexis® Legal Newsroom
Mealey's Labor & Employment - 11th Circuit Finds Firing For Theft Of Intellectual Property Was Not Pretextual

ATLANTA - A chemist was unable to show that his termination for alleged theft of intellectual property, insubordination and poor performance was a pretext for age or race discrimination, an 11th Circuit U.S. Court of Appeals panel ruled Oct. 3, affirming a trial court's decision (Moses Langford v...

Mealey's Labor & Employment - 10th Circuit: Trial Court Erred In Not Instructing Jury On Pretext In Bias Suit

DENVER - A Colorado district court erred when it declined to instruct the jury hearing an employee's gender discrimination and retaliation claims on pretext, a 10th Circuit U.S. Court of Appeals panel ruled Oct. 4, finding that a reasonable jury could have found pretext based on the employee's...

Mealey's Labor & Employment - 11th Circuit Reinstates Wage Suit By Son Who Shadowed Father

ATLANTA - A son who shadowed his father at work for 15 months and then sued for wages following his father's termination may proceed with his claims as his evidence shows that he may have been a trainee during some of the time and an employee during other times, an 11th Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - Infection That Caused Loss Of Eye Was Not 'Accident' Under Policy, Panel Affirms

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on Oct. 6 affirmed a lower federal court's finding that a fungal infection that eventually caused a claimant to lose his eye was not an "accident" under his employer's accidental death and dismemberment and life insurance policy...

Mealey's Labor & Employment - 7th Circuit: Being Walked Out, Not The Termination Letter, Started The Clock Ticking

CHICAGO - An employee's filing of an administrative charge within 300 days after he received a notice that his employment was terminated was untimely as the clock began ticking two years earlier when he was escorted out, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 5 (Arlin T. Calvin...

Mealey's Labor & Employment - Employee's Attorney Asks High Court To Find Age Bias Appeal Was Timely

WASHINGTON, D.C. - Only Congress can set the jurisdiction of trial courts under the nation's constitutional structure, and based on that principle, Federal Rule of Appellate Procedure 4(a)(5)(C) is nonjurisdictional, the attorney representing an employee in an age bias dispute argued Oct. 10 before...

Mealey's Labor & Employment - 5th Circuit Rejects Fired School Counselor's Disability Bias, Other Claims

NEW ORLEANS - A fired school counselor who complained of medical issues that prevented him from standing for long periods of time failed to show that his termination was the result of disability discrimination or his filing of a complaint with the Equal Employment Opportunity Commission, a Fifth Circuit...

Mealey's Labor & Employment - 11th Circuit Says Plan Did Not Have Actual Knowledge Of Employee's Incompetence

ATLANTA - The 11th Circuit U.S. Court of Appeals on Oct. 10 affirmed a district court's grant of summary judgment in favor of a retirement plan administrator after determining that the administrator's refusal to reinstate an employee's retirement benefits, based on the fact that the employee...

Mealey's Labor & Employment - Panel Says Pension Plan Participants Lacked Standing Once Plan Was Overfunded

ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Oct. 12 determined that a Minnesota federal judge properly dismissed a putative class action filed by pension plan participants alleging violations of the Employee Retirement Income Security Act because once the plan was overfunded, the plaintiffs...

Mealey's Labor & Employment - Panel Affirms Dismissal, Says Plan Participant Failed To Prove Breach Occurred

NEW YORK - The Second Circuit U.S. Court of Appeals on Oct. 11 affirmed a Connecticut federal judge's dismissal of a retirement plan participant's suit alleging that the plan's service provider breached its fiduciary duties, determining that the plan participant failed to prove that a fee...

Mealey's Labor & Employment - 7th Circuit Affirms No Class Certification In Union Fair-Share Fee Suit

CHICAGO - Too many individualized issues predominate in a suit over public employees who were forced to pay fees to a union, even if they were not members, a Seventh Circuit U.S. Court of Appeals panel ruled Oct. 11, upholding a trial court's ruling in a case on remand from the U.S. Supreme Court...

Mealey's Labor & Employment - U.S. High Court Denies Needle-Phobic Pharmacist's Appeal Of Disability Bias Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 16 refused to hear an appeal filed by a pharmacist whose more than $1.8 million award on his wrongful termination and retaliation claims brought when he was fired after citing a needle phobia as the reason he could not give immunizations was reversed...

Mealey's Labor & Employment - ERISA's Limitation Of Action Provision Is Subject To Express Waiver, Panel Says

ATLANTA - Although Section 1113(1) of the Employee Retirement Income Security Act is a statute of repose, as opposed to a statute of limitations, it is still subject to express waiver, the 11th Circuit U.S. Court of Appeals said Oct. 12 in answering a certified question from the Northern District of...

Mealey's Labor & Employment - Nonprofit Seeks Finding That Oregon Reporting Requirement Is Preempted By ERISA

PORTLAND, Ore. - A nonprofit trade association representing employers that sponsor benefit plans governed by the Employee Retirement Income Security Act filed suit in Oregon federal suit on Oct. 12 seeking a declaration that a reporting requirement included in Oregon's state-run retirement program...

Mealey's Labor & Employment - U.S. High Court Declines To Decide Family and Medical Leave Causation Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 16 denied a petition for writ of certiorari filed by an employee asking the high court to decide the type of motive and causation necessary in cases brought under the Family and Medical Leave Act (FMLA) (Richard Duane Bartels v. 402 East Broughton Street...

Mealey's Labor & Employment - U.S. High Court Declines To Weigh In On PAGA Claims And Arbitration Agreements

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 16 denied a petition for writ of certiorari filed by a department store seeking to challenge the enforcement of Iskanian v. CLS Transportation Los Angeles, LLC, 327 P.3d 129 (Cal. 2014), and Sakkab v. Luxottica Retail N. Am., Inc., 803 F.3d 425 (9th Cir...

Mealey's Labor & Employment - California Orchid Grower Will Pay $110,000 To Settle EEOC Pregnancy Bias Claims

FRESNO, Calif. - Dash Dream Plant Inc., a Merced County, Calif., orchid grower, will pay $110,000 to settle claims that it threatened employees that they would be fired if they got pregnant, the Equal Employment Opportunity Commission announced Oct. 16 (U.S. Equal Employment Opportunity Commission v...

Mealey's Labor & Employment - California Federal Judge Keeps Rest Break Class Suit In Federal Court

SACRAMENTO, Calif. - A class complaint accusing an ambulance service company of rest break violations belongs in federal court because the employer has shown that the claims are preempted and that federal question jurisdiction exists, a California federal judge ruled Oct. 12 (Meghan Silva, et al. v....

Mealey's Labor & Employment - 6th Circuit Reinstates Collective Suit Over Hhgregg's Commission-Only Pay

CINCINNATI - A split Sixth Circuit U.S. Court of Appeals panel on Oct. 12 reversed a trial court's dismissal of a collective action accusing hhgregg Inc. and Gregg Appliances Inc., owner and operator of more than 220 appliance and electronic stores across the country, of violating federal and state...

Mealey's Labor & Employment - Department Of Labor Proposes To Delay Change For Disability Plan Claims Procedures

WASHINGTON, D.C. - The U.S. Department of Labor's Employee Benefits Security Administration on Oct. 12 published in the Federal Register a proposal to delay the applicability of a final rule amending the claims procedure requirements that are applicable to employee disability benefit plans governed...

Mealey's Labor & Employment - 3rd Circuit Finds Breaks Of 20 Minutes Or Less Must Be Paid By Employer

PHILADELPHIA - Under the Fair Labor Standards Act (FLSA), employers must pay employees for all rest breaks lasting 20 minutes or less, a Third Circuit U.S. Court of Appeals panel ruled Oct. 13 (Secretary United States Department of Labor v. American Future Systems, Inc., et al., No. 16-2685, 3rd Cir...

Mealey's Labor & Employment - Bon Secours Health Will Pay $98M To 7 Plans To Settle Underfunding Claims

BALTIMORE - Bon Secours Health System Inc. (BSHSI) will contribute $14 million annually for the next seven years, for a total of $98 million, to seven defined-benefit plans operating as "church plans" to settle claims that it improperly operated the plans as exempt from the Employee Retirement...

Mealey's Labor & Employment - Judge Finds Transactions Could Have Caused Breaches Of Fiduciary Duty Under ERISA

CEDAR RAPIDS, Iowa - An Iowa federal judge on Oct. 13 found that a participant in an Employee Stock Ownership Plan (ESOP) had standing to assert claims against the plan's trustee for violation of the Employee Retirement Income Security Act, partially dismissing certain causes of action but allowing...

Mealey's Labor & Employment - Judge Rejects Breach Of Fiduciary Claims Based On Freezing Of Retirement Plan

SANTA ANA, Calif. - A California federal judge on Oct. 13 held that there are no genuine issues of material fact regarding whether the record keeper of a retirement plan breached a fiduciary duty when it followed a retirement committee's instruction to freeze the assets in a tax savings retirement...

Mealey's Labor & Employment - Tibble Defendants Will Pay $5.8 Million For Attorney Fees

LOS ANGELES - The parties in the long-running Tibble v. Edison International case filed a joint stipulation in a California federal court on Oct. 16 stating that the defendants will pay the class counsel $5.8 million in attorney fees and costs as long as the court approves the award (Glenn Tibble, et...