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Mealey's Labor & Employment - Federal Judge Trims Retaliation Claim In Worker's Race, Orientation Bias Suit

PORTLAND, Ore. - An Oregon federal judge on Jan. 4 narrowed the scope of a retaliation claim in a lawsuit filed by a grocery store worker who alleges discrimination based on her race and sexual orientation, finding that the worker failed to show a written corrective notice based on attendance violations...

Mealey's Labor & Employment - U.S. Supreme Court Won't Heart DIRECTV Joint Employer Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to hear the appeal by DIRECTV and DirectSat USA LLC seeking reversal of a ruling by the Fourth Circuit U.S. Court of Appeals that cable technicians who install and repair DIRECTV satellite systems have stated a plausible claim that they are...

Mealey's Labor & Employment - High Court Denies Review Of Age Discrimination Claim Against Health Care Provider

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by a former employee of a health care provider who claimed age discrimination (Virginia Lay v. Singing River Health System, No. 17-396, U.S. Sup.).

Mealey's Labor & Employment - High Court Will Not Review Representational Standing Ruling In Pension Case

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to review a Second Circuit U.S. Court of Appeals ruling that a defined-benefit pension plan participant has representational standing to sue brokers who manage funds on behalf of the plan for breach of fiduciary duties under the Employee Retirement...

Mealey's Labor & Employment - 5th Circuit: Top Hat Plan Participants Forfeited Rights With New Employment

NEW ORLEANS - Two participants in a retirement plan for top employees forfeited their rights to collect benefits after accepting new employment with a competitor within three years of retiring, a Fifth Circuit U.S. Court of Appeals panel ruled Jan. 4 (Earl E. Owen, et al. v. Western & Southern Life...

Mealey's Labor & Employment - 6th Circuit Appeals Panel Says City Ordinance Is Not Preempted By ERISA

CINCINNATI - An ordinance outlining the city of Cincinnati's requirements for the award of construction contracts for water works jobs is not subject to preemption by the Employee Retirement Income Security Act because the city was acting as a proprietor rather than a regulator, the Sixth Circuit...

Mealey's Labor & Employment - DOL Clarifies Student Intern Wage Test Following 9th Circuit Ruling

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) on Jan. 5 issued a clarification on interns and wages and, citing a recent decision on the issue by the Ninth Circuit U.S. Court of Appeals, stated that "going forward, the Department will conform to these appellate court rulings by using the...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Case Arguing CSX Is Liable For Employee's Death

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by the wife of a deceased railway conductor arguing that the policies of her husband's employer regarding remote work and contacting emergency services caused him to die at a remote worksite after suffering...

Mealey's Labor & Employment - U.S. Supreme Court Won't Weigh In On Noncompete Dispute

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by an employee seeking a ruling on noncompete agreements under the Restatement (Second) of Conflict of Laws (Christopher Ridgeway, et al. v. Stryker Corporation, et al., No. 17-556, U.S. Sup.).

Mealey's Labor & Employment - Correction Facility Operator Will Settle Sex Harassment Claims For $550,000

PHOENIX - The Geo Group Inc., the operator of the Central Arizona Correction Facility and Arizona State Prison-Florence West Facility in Florence, Ariz., will pay $550,000 and provide other relief to settle sexual harassment and retaliation claims filed by the Equal Employment Opportunity Commission...

Mealey's Labor & Employment - High Court Won't Hear Former FEC Attorney's Whistleblower Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 denied a petition for writ of certiorari filed by a former Federal Election Commission (FEC) attorney who claims that she was wrongfully fired in retaliation for allegedly blowing the whistle on a nominated commissioner (Marne K. Mitskog v. Merit Systems...

Mealey's Labor & Employment - U.S. High Court Won't Weigh In On Firing Of Delta Agent Following Alleged Theft

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to hear an appeal filed by a former airline customer service agent alleging that he was improperly fired after he allegedly stole money from a customer's lost purse (Carlos Clemons v. Delta Airlines, Inc., No. 17-597, U.S. Sup.).

Mealey's Labor & Employment - Split 4th Circuit Reinstates EEOC's Equal Pay Act Claims Against Maryland Agency

RICHMOND, Va. - A divided Fourth Circuit U.S. Court Appeals panel on Jan. 5 reinstated Equal Pay Act (EPA) claims brought by the Equal Employment Opportunity Commission on the behalf of three women against the Maryland Insurance Administration (MIA), finding that a jury must decide whether the reasons...

Mealey's Labor & Employment - 8th Circuit Finds ConAgra's Decision To Deny Severance Benefits Claim Supported

ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on Jan. 5 affirmed a district court's decision in favor of a food company that denied severance benefits under a plan governed by the Employee Retirement Income Security Act, finding that the evidence showed that an employee did not have good...

Mealey's Labor & Employment - New York Federal Judge Dismisses Class Claims Over PBM's Pricing, Allows Amendment

NEW YORK - A New York federal judge on Jan. 5 dismissed Employee Retirement Income Security Act and Racketeer Influenced and Corrupt Organizations Act class claims against the largest pharmacy benefits manager (PBM) and a health insurance provider over prescription pricing, but gave the plaintiffs 21...

Mealey's Labor & Employment - Car Dealership Tells High Court That 'Service Advisors' Are Exempt From Overtime

WASHINGTON, D.C. - Car dealership "service advisors" are salesmen primarily engaged in "serving automobiles" and, as a result, are exempt from receiving overtime wages under the Fair Labor Standards Act (FLSA), a California dealership argues in its reply brief filed Jan. 8 in the...

Mealey's Labor & Employment - 7th Circuit: Stonework Company No Longer Has To Contribute To Multiemployer Fund

CHICAGO - A stonework company that transferred away from using union members and started employing more highly skilled setters and finishers did not owe a multiemployer pension fund a withdrawal liability, a Seventh Circuit U.S. Court of Appeals panel ruled Jan. 8, finding that the fund waived its statutory...

Mealey's Labor & Employment - 3rd Circuit Vacates Dismissal, Remands ERISA Claim For Review Of Exhaustion

PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Jan. 8 reversed a district court's dismissal of a union carpenter's claims under the Employee Retirement Income Security Act in relation to his pension and remanded the case for review of whether he exhausted his administrative remedies...

Mealey's Labor & Employment - Panel Affirms Dismissal Of Suit Alleging Fiduciaries Did Not Protect ESOP From Harm

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Jan. 8 affirmed a lower federal court's dismissal of a putative class action alleging that the fiduciaries of a publically traded company's stock ownership plan breached their duties by failing to protect the plan from harm caused by the...

Mealey's Labor & Employment - Class Plaintiffs Failed To Prove Company Concealed Information On Stock Value

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Jan. 9 affirmed a district court's dismissal of a class action complaint alleging that 401(k) plan fiduciaries concealed information regarding the company's stock value after determining that the class plaintiffs failed to support their...

Mealey's Labor & Employment - Participant To High Court: Foot Locker Concealed Pension Plan Changes

WASHINGTON, D.C. - Changes by Foot Locker Inc. and Foot Locker Retirement Plan (collectively, Foot Locker) to a pension plan were concealed from employees, and a trial court did not err when it found that the misconduct constituted equitable fraud and violated the Employee Retirement Income Security...

Mealey's Labor & Employment - 2 Response Briefs In Agency Fee Appeal Ask High Court Not To Overturn Abood

WASHINGTON, D.C. - Mandatory public-sector agency fees for employees who choose not to join a union where the fees are used to support collective bargaining, contract administration and grievance adjustment are constitutionally sound, respondents in an agency fee appeal before the U.S. Supreme Court...

Mealey's Labor & Employment - U.S. Supreme Court Denies Cert In ERISA Forum-Selection Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari filed by a retiree seeking reinstatement of terminated health benefits under the Employee Retirement Income Security Act (George W. Mathias v. United States District Court for the Central District of Illinois...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Professor's Due Process Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari filed by a University of Kentucky professor who alleges that during his removal as chair of a university department, he was denied liberty and property without due process of law (Richard A. Crosby, PhD v. Eli...

Mealey's Labor & Employment - U.S. High Court Won't Rule On Authority Of Magistrate Judge

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 16 denied a petition for writ of certiorari by Wisconsin's Labor and Industry Review Commission seeking to overturn a decision by the Seventh Circuit U.S. Court of Appeals that found that a magistrate judge lacks authority to enter final judgment...