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Mealey's Labor & Employment - High Court Denies Cert In Stock-Drop Case Arising Under ERISA

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for writ of certiorari in a stock-drop case arising under the Employee Retirement Income Security Act (Alex E. Rinehart, et al. v. John F. Akers, et al., No. 16-562, U.S. Sup.).

Mealey's Labor & Employment - High Court Denies Cert In Case Over Termination Of Long-Term Benefits

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for a writ of certiorari in a case in which the 11th Circuit U.S. Court of Appeals said a district court did not err in determining that a disability plan did not wrongfully terminate a claimant's long-term disability benefits...

Mealey's Labor & Employment - High Court Won't Review Ruling Tossing Claims Against Third-Party Administrator

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 21 denied a petition for a writ of certiorari in a case in which an 11th Circuit U.S. Court of Appeals panel affirmed the dismissal of claims against a third-party administrator of an employee pension benefit plan because it was not a fiduciary of the...

Mealey's Labor & Employment - U.S. Supreme Court Will Rule On Timeliness Of Age Bias Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 27 granted a petition for writ of certiorari filed by an employee asking the high court to decide a circuit split and rule on whether Federal Rule of Appellate Procedure 4(a)(5)(C), Fed. R. App. P. 4(a)(5)(C), can deprive an appellate court of jurisdiction...

Mealey's Labor & Employment - 8th Circuit Panel Affirms Ruling On Enhanced Benefits For Anheuser Busch Pensioners

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Feb. 22 affirmed in part a Missouri federal judge's ruling that participants in the Anheuser-Busch Cos. Pension Plan are entitled to enhanced pension benefits, saying that a plan administrator cannot contradict the plain language of an...

Mealey's Labor & Employment - 7th Circuit Upholds Economic Specialist's Termination After Numerous Leave Requests

CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 27 upheld the firing of a Wisconsin Department of Health Services employee following multiple absences, some to care for her own health and some to care for a family member, finding that the employee failed to show that she was an "otherwise...

Mealey's Labor & Employment - Missouri Federal Judge Won't Dismiss Employee Lawsuit Over Excessive 401(k) Fees

KANSAS CITY, Mo. - A Missouri federal judge on Feb. 27 denied a defense motion to dismiss an Employee Retirement Income Security Act class action alleging that American Century Services LLC charged excessive investment management and record-keeping fees for its 401(k) plan and filled the retirement plan...

Mealey's Labor & Employment - Ohio Federal Judge Rules Honeywell Can't Cut Retiree Lifetime Health Benefits

DAYTON, Ohio - An Ohio federal judge on Feb. 28 found that plaintiffs satisfied their burden of proving that Honeywell International Inc. agreed to provide lifetime health care benefits to retirees from its Greenville, Ohio, plant and permanently enjoined the company from dropping the benefits for those...

Mealey's Labor & Employment - Connecticut Federal Judge Rules For, Against Honeywell In Medical Coverage Dispute

HARTFORD, Conn. - A Connecticut federal judge on Feb. 28 granted summary judgment in favor of Honeywell International Inc., finding that union employees who retired after the expiration of collective bargaining and related agreements that offered them lifetime medical coverage benefits are not contractually...

Mealey's Labor & Employment - Arkansas Federal Judge: ERISA Preempts State Law That Regulates PBMs

LITTLE ROCK, Ark. - An Arkansas federal judge on March 1 granted a pharmacy benefit managers (PBM) trade association summary judgment on its claim that Arkansas Act 900, a law that requires PBMs to pay pharmacies the amounts those pharmacies spent to buy generic drugs from wholesalers, is preempted by...

Mealey's Labor & Employment - 4th Circuit Upholds Denial Of Forced Labor Claims By Kenyan Domestic Help

RICHMOND, Va. - A woman from Kenya who worked in Virginia for a family from Saudi Arabia and alleges that she was denied the full wages and forced to work more hours than the wages and hours that were stated in her employment contract failed to show that her situation constituted forced labor as defined...

Mealey's Labor & Employment - D.C. Circuit: FedEx Drivers Are Independent Contractors, Not Employees

WASHINGTON, D.C. - Single-route FedEx Home Delivery drivers in Hartford, Conn., just like drivers in Massachusetts in FedEx Home Delivery v. NLRB (FedEx I) are independent contractors, not employees, a District of Columbia Circuit U.S. Court of Appeals panel ruled March 3, vacating orders by the National...

Mealey's Labor & Employment - U.S. High Court Won't Review Nursing Home's Right To Change Salaries

WASHINGTON, D.C. - The U.S. Supreme Court on March 6 denied a petition for writ of certiorari filed by a nursing home that was found by the National Labor Relations Board (NLRB) to have violated the National Labor Relations Act when it failed to follow salary guidelines established in a collective bargaining...

Mealey's Labor & Employment - 8th Circuit Finds Chipotle's Argument In Union-Related Firing Dispute Is Too Late

ST. LOUIS - An employer's challenge of the National Labor Relations Board's (NLRB) decision to follow the standard approach established in Wright Line, 251 N.L.R.B. 1083, 1089 (1980), in the Eighth Circuit U.S. Court of Appeals is barred after it failed to raise a challenge before the board,...

Mealey's Labor & Employment - D.C. Circuit: Labor Board Must Explain New Approach In Union Representation Suit

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on March 7 vacated an order by the National Labor Relations Board (NLRB) in a union representation suit involving airport baggage handlers, ruling that the NLRB departed from precedent without explanation and must either provide...

Mealey's Labor & Employment - New York Federal Judge: Record-Keeper Services Didn't Give Rise To Fiduciary Duty

NEW YORK - A New York federal judge on March 7 granted a motion to dismiss an Employee Retirement Income Security Act lawsuit alleging that a record-keeper breached its fiduciary duty by preventing ERISA plans from getting a more competitive rate for record-keeping services, finding that the record-keeper...

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 - 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 - 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: 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 - 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 - 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...