LexisNexis® Legal Newsroom
Mealey's Labor & Employment- Arbitration Award In Favor Of Retirees Affirmed; Coverage Must Be Reinstated

DETROIT - In two opinions issued Jan. 16, a Michigan federal judge affirmed an arbitration award entered in favor of retirees who alleged that the termination of their health care benefits was a breach of a collective bargaining agreement (TRW Automotive U.S. LLC v. International Union et al., No. 13...

Mealey's Labor & Employment - Split U.S. Supreme Court: Tolling Of State Limitations Period Stops The Clock

WASHINGTON, D.C. - A split U.S. Supreme Court ruled 5-4 on Jan. 22 that to "toll" a state limitations period under 28 U.S. Code Section 1367(d), - which provides that "[t]he period of limitations . . . shall be tolled while the claim is pending and for a period of 30 days after it is dismissed...

Mealey's Labor & Employment - Respondents In SCOTUS Agency Fee Appeal Ask For Divided Argument

WASHINGTON, D.C. - Respondents in an appeal before the U.S. Supreme Court over mandatory public-sector agency fees for employees who choose not to join a union filed a joint motion for divided argument on Jan. 19, the same day the United States filed a motion for leave to participate in oral argument...

Mealey's Labor & Employment - Solicitor General Invited To Submit Brief In ERISA Benefits Payment Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 22 issued an order inviting the solicitor general to file a brief expressing the views of the United States in an appeal before the U.S. Supreme Court in which the petitioner is requesting that the high court decide under which section of Employee Retirement...

Mealey's Labor & Employment - 4th Circuit Won't Enforce Arbitration Agreements Signed After Class Suit Was Filed

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Jan. 18 declined to enforce arbitration agreements distributed by a gentlemen's club to its exotic dancers after a wage-and-hour class complaint was already filed (Alexis Degidio, et al. v. Crazy Horse Saloon and Restaurant Inc., et...

Mealey's Labor & Employment - $75 Million J.P. Morgan ERISA Settlement Granted Preliminary Approval

NEW YORK - A New York federal judge on Jan. 19 granted preliminary approval of a $75 million cash settlement reached between eight of the 12 class representatives and J.P. Morgan Chase & Co. (JPMC) in a lawsuit accusing JPMC of violating the Employee Retirement Income Security Act by mismanaging...

Mealey's Labor & Employment - Plan Participants Appeal Dismissal Of Underperforming Funds Suit, Seek Reversal

PHILADELPHIA - A district court erred in dismissing claims filed by a group of University of Pennsylvania Matching Plan participants and beneficiaries against the University of Pennsylvania and the university's vice president of human resources because the participants alleged facts showing that...

Mealey's Labor & Employment - McDonald's Argues That It's Not A Joint Employer Of Franchisees' Workers

SAN FRANCISCO - McDonald's Corp. and McDonald's U.S.A. LLC (collectively, McDonald's) are not joint employers under California's wage-and-hour law as they don't meet any one of the three tests sent out in Martinez v. Combs, 231 P.3d 259 (Cal. 2010), McDonald's argues in its appellee...

Mealey's Labor & Employment - Split 6th Circuit Orders New Trial On Damages In Worker's Back Pay Dispute

CINCINNATI - A trial court erred when it upheld a jury's award of $10,000 in back pay for a fired theater worker despite undisputed evidence that the awarded amount was substantially lower than even the lowest estimate of damages, a divided Sixth Circuit U.S. Court of Appeals panel ruled Jan. 24...

Mealey's Labor & Employment - Amended Complaint Fails To Show 401(k) Plan Fees Were Unjustified, Judge Says

LOS ANGELES - A California federal judge on Jan. 24 dismissed a 401(k) plan participant's amended complaint, agreeing with the plan defendants' argument that the amended complaint fails to show that alleged excessive fees charged by the plan defendants were unjustified (D'Ann M. Patterson...

Mealey's Labor & Employment - 4th Circuit Vacates Judgment For Virginia County In Firefighter's Title VII Suit

RICHMOND, Va. - A female firefighter may proceed with her harassment, discrimination and retaliation claims, a Fourth Circuit U.S. Court of Appeals panel ruled Jan. 30, vacating a trial court's summary judgment ruling for the employing Virginia county, finding that the plaintiff established a causal...

Mealey's Labor & Employment - D.C. Appeals Panel Says Class Counsel Is Not Entitled To Additional Payment

WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Jan. 30 affirmed a district court's finding that class counsel are not entitled to additional fees for locating pension beneficiaries in conjunction with a class action settlement because the terms of the settlement agreement...

Mealey's Labor & Employment - Honeywell Will Appeal Temporary Injunction In Early Retirement Benefits Dispute

MINNEAPOLIS - Honeywell filed a notice of appeal on Jan. 31 in the U.S. District Court for the District of Minnesota, the same day a district court judge issued an amended opinion granting a motion for preliminary injunction filed by a class of retirees seeking to stop the termination of their health...

Mealey's Labor & Employment - Summary Judgment Granted For University On 3 Coaches' Sex Orientation Claims

MINNEAPOLIS - Claims by three university coaches who allege that they lost their jobs and suffered a hostile work environment due to their sexual orientation fail based on the merits and lack of jurisdiction, but one coach may proceed with her gender bias and retaliation claims, a Minnesota federal judge...

Mealey's Labor & Employment - 9th Circuit Issues Ruling On Wage-And-Hour Law For Outer Continental Shelf

PASADENA, Calif. - State compensation laws of the adjacent state are adopted as surrogate federal law on the Outer Continental Shelf and devices attached to it as long as those state law are "applicable and not inconsistent" with federal law, a Ninth Circuit U.S. Court of Appeals panel ruled...

Mealey's Labor & Employment - 5th Circuit Upholds Ruling For RadioShack In Stock Investment ERISA Suit

NEW ORLEANS - RadioShack Corp. employees who participated in its 401(k) plan failed to show that RadioShack's board of directors and 401(k) plan administrative committee breached their fiduciary duties under the Employee Retirement Income Security Act by allowing plan participants to invest in RadioShack...

Mealey's Labor & Employment - Federal Judge Says Class Certification Will Be Granted In Retirement Plan Dispute

NEW YORK - Noting that the parties involved in a suit alleging that New York University (NYU) breached its duty of prudence under the Employee Retirement Income Security Act in its administration and management of its retirement plan may benefit from an early indication of class certification, a New...

Mealey's Labor & Employment - New York Attorney General Sues Harvey Weinstein, Company For Harassment

NEW YORK - Harvey Weinstein (HW), The Weinstein Co. LLC (TWC), The Weinstein Company Holdings LLC and Robert Weinstein (RW) were named as respondents in a Feb. 11 lawsuit filed by New York Attorney General Eric T. Schneiderman alleging that Harvey Weinstein "repeatedly and persistently sexually...

Mealey's Labor & Employment - U.S. High Court Reverses 6th Circuit Ruling On Retirees' Lifetime Benefits

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 issued a per curiam decision in an appeal over retiree's health care benefits and reversed a ruling by a Sixth Circuit U.S. Court of Appeals panel majority for the retirees, referencing a dissenting opinion that called the decision "Yard-Man...

Mealey's Labor & Employment - Supreme Court Won't Hear Foot Locker Pension Plan Charges Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by Foot Locker Inc. asking the high court to decide whether a class of pension plan participants could be certified in a case alleging violations of the Employee Retirement Income Security Act when Foot...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear Appeal On Employer Stopping Its Contributions

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by an employer challenging a District of Columbia Circuit U.S. Court of Appeals panel's decision finding that it violated the National Labor Relations Act (NLRA) when it suspended contributions to...

Mealey's Labor & Employment - U.S. High Court Grants Divided Argument In Janus Agency Fee Suit

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 16 granted a motion for divided argument by the respondents in an appeal over mandatory public-sector agency fees for employees who choose not to join a union and also granted a motion by the solicitor general for leave to participate in the oral arguments...

Mealey's Labor & Employment - 7th Circuit: Sales Manager Waived Untimeliness Argument In LTD Dispute

CHICAGO - An employee seeking long-term disability (LTD) benefits effectively waived his right to challenge the untimeliness of the initial denial of his claim as he chose to pursue an appeal first rather than filing suit, a Seventh Circuit U.S. Court of Appeals panel ruled Feb. 14 (John Dragus v. Reliance...

Mealey's Labor & Employment - U.S. High Court Won't Hear Appeal On ERISA Plan Administrator's Authority

WASHINGTON, D.C. - The U.S. Supreme Court on Feb. 20 denied a petition for writ of certiorari filed by a retired worker seeking a ruling on whether the administrator of an Employee Retirement Income Security Act-governed pension plan "may ignore a general rule that is expressly stated in the plan...

Mealey's Labor & Employment - 9th Circuit Will Rehear En Banc Consolidated Tip Credit Appeals

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Feb. 16 issued an order granting a rehearing en banc in consolidated cases all concerning employers accused of improperly claiming tip credits toward the required minimum wage (Alec Marsh v. J. Alexander's LLC, No. 15-15791, Crystal Sheehan...