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Mealey's Labor & Employment - No Preliminary Injunction For Retirees Looking To Enforce Health Care Settlements

RICHMOND, Va. - A class of retirees and their eligible family members suing a corporation in an effort to enforce the terms of a prior health care class settlement failed to show that a preliminary injunction is necessary, a Fourth Circuit U.S. Court of Appeals panel ruled Sept. 28, holding that while...

Mealey's Labor & Employment - U.S. Supreme Court Hears Arguments In 3 Class Action Waiver Suits

WASHINGTON, D.C. - The attorney representing employers in two of three consolidated cases over collective and class action arbitration waivers before the U.S. Supreme Court on the morning of Oct. 2 told the justices that arbitration agreements that allow for only individual arbitration must be found...

Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In Multiple Employment-Related Appeals

WASHINGTON, D.C. - The U.S. Supreme Court issued orders on Oct. 2 and denied petitions for writ of certiorari in numerous employment-related cases.

Mealey's Labor & Employment - High Court Declines Appeal Of Suit Over Contributions To Multiemployer Funds

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by RiverStone Group Inc. asking that the high court decide whether Section 515 of the Employee Retirement Income Security Act requires an employer to continue contributing to a Taft-Hartley fund for hours...

Mealey's Labor & Employment - U.S. High Court Won't Review 5th Circuit Ruling Finding ADEA Bars Damages

WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by an employee asking the high court to overturn a decision by the Fifth Circuit U.S. Court of Appeals holding that no damages beyond lost wages are available in retaliation cases under the Age Discrimination...

Mealey's Labor & Employment - NLRB Submits Correction To Supreme Court Following Class Action Waiver Arguments

WASHINGTON, D.C. - On Oct. 3, one day after the U.S. Supreme Court heard consolidated oral arguments for three cases addressing collective and class action arbitration waivers, general counsel for the National Labor Relations Board submitted a letter to the Supreme Court clerk correcting a portion of...

Mealey's Labor & Employment - Federal Judge Partially Rejects Magistrate's Report In MIT ERISA Plan Case

BOSTON - After considering objections from both sides, a Massachusetts federal judge on Sept. 29 partially accepted and adopted and partially rejected a magistrate judge's report and recommendation in a lawsuit brought against a university and its defined-contribution plan alleging breach of fiduciary...

Mealey's Labor & Employment - Franchisee Not Entitled To Another 'Bite At The Apple' In Employment Benefits Suit

BOSTON - The First Circuit U.S. Court of Appeals on Sept. 29 affirmed a federal district court's finding that under the principles of res judicata, it was bound by a Georgia court judgment in favor of a cleaning franchisor in a dispute over the unit franchisee's classification for the purposes...

Mealey's Labor & Employment - Attorney General Issues Memo Withdrawing 2014 Transgender Title VII Protections

WASHINGTON, D.C. - Attorney General Jeff Sessions issued a memorandum on Oct. 4, withdrawing a December 2014 memorandum that the then-Attorney General Eric Holder had issued, which opined that Title VII of the Civil Rights Act of 1964 encompasses gender identity per se.

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 - 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 - 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 - 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 - 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...