LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Server's Total Wages Don't Clear Employer In Minimum Pay Dispute, 10th Circuit Says

DENVER - A Colorado federal judge failed to consider, when ruling in favor of the employer in a wage-and-hour complaint, whether the employer was entitled to treat the server's tips as wages for all hours worked, a 10th Circuit U.S. Court of Appeals panel ruled March 7, reversing and remanding (Aarica...

Mealey's Labor & Employment - Alabama Federal Judge Says Insurer's Interpretation Was Arbitrary And Capricious

MONTGOMERY, Ala. - A disability insurer's interpretation of a tolling provision to extend the 45-day time deadline to decide an administrative appeal was arbitrary and capricious, an Alabama federal judge said March 7 in partially adopting a magistrate judge's recommendation to deny the insurer's...

Mealey's Labor & Employment - 8th Circuit Panel Remands ABB Retirement Plan Case For Recalculation Of Losses

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on March 9 remanded to Missouri federal court a case in which ABB Inc. fiduciaries were found to have abused their discretion and breached their fiduciary duties in choosing investment options for their 401(k) retirement plans, saying that the...

Mealey's Labor & Employment - Class Of Minor League Baseball Players Is Recertified In Wage Suit

SAN FRANCISCO - A little more than seven months after a class of minor league baseball players was decertified in a lawsuit seeking unpaid wages from the Office of the Commissioner of Baseball, its member franchises and former Commissioner Allan H. "Bud" Selig, a California federal magistrate...

Mealey's Labor & Employment - Judge Finds Employees Failed To Prove Theory Of Joint Liability

SAN DIEGO - A California federal judge on March 8 found that former employees, who sold skincare products for various entities, failed to show that a company was the alter ego of other defendants named in the case, granting the owner of the product's motion to dismiss claims for violation of California...

Mealey's Labor & Employment - Class Suit Over Costco Employment Application's FCRA Disclosure Will Proceed

SEATTLE - A Washington federal judge on March 10 denied a motion to dismiss filed by Costco Wholesale Corp. in a class complaint accusing the retailer of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background...

Mealey's Labor & Employment - Split 11th Circuit: Gender Norms, Not Orientation, Protected Under Title VII

ATLANTA - Job discrimination based on an individual's gender nonconformity is protected under Title VII of the Civil Rights Act of 1964, but discrimination based on sexual orientation is not, a divided 11th Circuit U.S. Court of Appeals panel ruled March 10 (Jameka K. Evans v. Georgia Regional Hospital...

Mealey's Labor & Employment - 6th Circuit Affirms Court's Decision To Uphold Denial Of ERISA Benefits

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on March 9 held that an insurer's decision to deny an insured's benefits is supported by substantial evidence notwithstanding the insurer's inherent conflict of interest as both the plan administrator and payer, affirming a lower federal...

Mealey's Labor & Employment - Judge Remands Class Action Filed Against Ford To California Court

LOS ANGELES - A California federal judge on March 10 remanded a class action lawsuit filed by product specialists who assert wage-related claims against a car maker and staffing companies, finding that the amount in controversy did not meet federal jurisdictional requirements (Henry Chen, et al. v. United...

Mealey's Labor & Employment - Judge: Company's Misappropriation Of Trade Secrets Claims Sufficient

BISMARCK, N.D. - A company provided sufficient evidence to support its misappropriation of trade secrets claims against a former employee, a federal judge in North Dakota ruled March 13 in denying the former employee's motion to dismiss (Aggreko LLC v. Guillermo Barreto, et al., No. 16-353, D. N...

Mealey's Labor & Employment - California Federal Judge Denies Sephora's Request For Partial Stay In Wage Dispute

SAN FRANCISCO - A motion for a partial stay filed by an employer in a wage-and-hour dispute pursuant to the Colorado River Water Conservation Dist. v. United States, 424 U.S. 800 (1976), doctrine must be denied because it was an attempt to dismiss "the potentially meritorious" claims of a nationwide...

Mealey's Labor & Employment - Insurance Associations File Emergency Injunction Motion Over DOL's Fiduciary Rule

DALLAS - A Texas federal judge on March 14 instructed a coalition of insurance associations opposed to the U.S. Department of Labor's (DOL) new "fiduciary rule" to file a supplemental brief to their emergency motion for an injunction pending appeal of a ruling that the DOL has not exceeded...

Mealey's Labor & Employment - Judge Compels Arbitration Of Chef's Injury-Related Claims Against Ship Owner

MIAMI - A Florida federal judge on March 13 compelled arbitration of a sous chef's injury-related claims against the owner of a ship, finding that they directly related to an underlying mandatory arbitration provision in her employment contract but remanded her claims against another vessel owner...

Mealey's Labor & Employment - 6th Circuit: Bipolar Worker Failed To Show Firing After Outburst Was Biased

CINCINNATI - A glass factory worker who suffered from bipolar disorder and was fired after losing his temper at work and screaming at co-workers failed to show that his firing constituted violations of the Americans with Disabilities Act (ADA), a Sixth Circuit U.S. Court of Appeals panel ruled March...

Mealey's Labor & Employment - Split Supreme Court: Nominee May Not Also Serve In An Acting Capacity

WASHINGTON, D.C. - Section 3345(b)(1) of the Federal Vacancies Reform Act of 1998 (FVRA) prevents any acting office for an office under this section from serving as a nominee and acting official, a divided U.S. Supreme Court ruled March 21 (National Labor Relations Board v. SW General, Inc., doing business...

Mealey's Labor & Employment - Nevada High Court: NLRA, ERISA Don't Preempt Minimum Wage Amendment

CARSON CITY, Nev. - Nevada's Minimum Wage Amendment (MWA), which allows employers to pay a lower minimum wage if they provide health benefits, is not preempted by the National Labor Relations Act (NLRA) or the Employee Retirement Income Security Act of 1974 (ERISA) and is not unconstitutionally vague...

Mealey's Labor & Employment - No Profits To Award From Bank's Pension Plan Transfer Strategy, Judge Says

CHARLOTTE, N.C. - Plaintiff employees in a decade-long case over a bank's illegal transfer of assets from a 401(k) plan to an Employee Retirement Income Security Act pension plan failed to show that any profit was retained by the bank as a result of the transfer, a North Carolina federal judge ruled...

Mealey's Labor & Employment - Drug Makers, Benefit Managers Hit With Class Suit Alleging Insulin Pricing Scheme

NEWARK, N.J. - Three drug makers and the three largest pharmacy benefit managers have engaged in a pricing scheme to drive up the cost of diabetes insulin - by more than 150 percent in the last five years - in violation of the Racketeer Influenced and Corrupt Organizations Act, the Employee Retirement...

Mealey's Labor & Employment - California Federal Judge Denies Decertification, Finds Vendors Are Employees

SAN FRANCISCO - A network of "vendors" who perform maintenance and repair services at properties owned by Field Asset Services Inc. (FAS) are employees, not independent contractors, and are owed overtime and business expenses, a California federal judge ruled March 17 in an order granting the...

Mealey's Labor & Employment - NLRB Rules In-N-Out Burger Can't Make Workers Remove Union, Wage-Related Buttons

WASHINGTON, D.C. - In-N-Out Burger Inc. violated the National Labor Relations Act (NLRA) when it prohibited employees from wearing unauthorized buttons or insignia that referenced union activity and wages, the National Labor Relations Board ruled March 21 (In-N-Out Burger, Inc. and Mid-South Organizing...

Mealey's Labor & Employment - Insurance Groups' Emergency Injunction Motion Over DOL Fiduciary Rule Denied

DALLAS - A Texas federal judge on March 20 denied a coalition of insurance associations' emergency motion for an injunction pending appeal of a ruling that the U.S. Department of Labor (DOL) has not exceeded its authority in formulating its new "fiduciary rule" and that the new rule does...

Mealey's Labor & Employment - ERISA Not The Vehicle For Health Centers' Suits Against Insurers, 9th Circuit Says

SAN FRANCISCO - Health care centers designated to receive direct payment from a health plan administrator for medical services cannot file suit in federal court under the Employee Retirement Income Security Act because they lack both direct statutory authority and derivative authority through assignment...

Mealey's Labor & Employment - 2nd Circuit Rules Against Louis C.K. In Dispute Over Plan Contributions

NEW YORK - Comedian Louis C.K.'s company is subject to the "controlling-employee" provisions in three employee benefit plan agreements and therefore must make plan contributions at the 40-hour workweek rate, even though C.K. worked fewer hours as editor of his TV show, the Second Circuit...

Mealey's Labor & Employment - Plaintiffs' Counsel Sanctioned For Behavior During Wage-And-Hour Deposition

SAN FRANCISCO - An attorney representing the named plaintiffs in a wage-and-hour class complaint must pay $7,706.32 in sanctions after acting in an "unprofessional" and "disrespectful" manner during deposition, a California federal magistrate judge ruled March 21, adding that the...

Mealey's Labor & Employment - Judge Nixes Class In Insureds' Suit Claiming Pharmacy Gouged On Generic Drugs

SAN FRANCISCO - The variety of contracts at issue and evidence that at least some of the contracted pharmacy benefit managers (PBMs) understood that a pharmacy's usual and customary rate did not include the rate offered for generic drugs in its membership program defeat a motion for class certification...