LexisNexis® Legal Newsroom
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...

Mealey's Labor & Employment - Oregon Panel Affirms $138,029.26 Levied Against Franchisor For Unemployment Taxes

SALEM, Ore. - The Oregon Court of Appeals on Oct. 18 upheld an administrative law judge's affirmation of the Oregon Employment Department's finding that Oregon franchisees were not independent contractors but were employees of a Washington-based franchisor that was responsible for $138,029.26...

Mealey's Labor & Employment - 10th Circuit: Reporting Of Uncashed Retirement Benefit Check Was Not Fraudulent

DENVER - The 10th Circuit U.S. Court of Appeal on Oct. 23 determined that a district court did not err in granting summary judgment in favor of a retirement benefit plan because the plan participant failed to prove that the plan's reporting to the Internal Revenue Service of an uncashed check of...

Mealey's Labor & Employment - Harvey Weinstein Sues The Company He Founded For Emails, Files For His Defense

GEORGETOWN, Del. - Harvey Weinstein, a film producer who was fired in October by the company he co-chaired with his brother following dozens of allegations of sexual harassment, sexual assault and rape, filed a complaint on Oct. 26 against The Weinstein Company Holdings LLC (TWC) in the Delaware Chancery...

Mealey's Labor & Employment - 6th Circuit Grants 1 Appeal, Denies 1 Appeal In ERISA Misclassification Suit

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Oct. 26 issued a pair of orders in two separate appeals stemming from the same underlying Employee Retirement Income Security Act misclassification case and granted the petition appealing the opinion holding that the plaintiff insurance agents were...

Mealey's Labor & Employment - VIUSA Will Pay $21.6M To Settle NLRB Suit For Not Recognizing Teamsters

WASHINGTON, D.C. - The National Labor Relations Board regional director for Region 9 announced Oct. 30 that VIUSA Inc., formerly Voith Industrial Services Inc., will pay $21.6 million to end claims by the NLRB and Teamsters Local 89 that the employer committed multiple violations, including refusing...

Mealey's Labor & Employment - Department Of Labor Files Notice Of Appeal After Overtime Pay Rule Struck Down

SHERMAN, Texas - The U.S. Department of Labor (DOL) filed a notice of appeal on Oct. 30 in the U.S. District Court for the Eastern District of Texas, two months after a district court judge ruled that a 2016 overtime rule for executive, administrative and professional employees (EAP) was unlawful (State...

Mealey's Labor & Employment - U.S. High Court Hears Arguments On Tolling After Federal Claims Are Dismissed

WASHINGTON, D.C. - The U.S. Supreme Court should find that tolling after federal claims have been dismissed and before state claims are pursued means "suspended," Adam G. Unikowsky of Jenner & Block in Washington argued Nov. 1 on behalf of a fired temporary worker who filed a state complaint...

Mealey's Labor & Employment - ERISA Class Action Plaintiffs Argue Prohibited Transaction Claims Are Supported

BOSTON - The First Circuit U.S. Court of Appeals should reverse a district court's ruling on prohibited transaction claims in an Employee Retirement Income Security Act class action suit because the record contains overwhelming evidence supporting the plaintiffs' claims, the plaintiffs maintain...

Mealey's Labor & Employment - 9th Circuit: FedEx Must Pay Bonus Pilot Would Have Earned Without Military Service

PASADENA, Calif. - A Federal Express Corp. (FedEx) pilot, who served in the reserves, is owed the signing bonus he would have earned in a new position had his training not been delayed due to being called up for active duty, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 2, affirming a trial...

Mealey's Labor & Employment - Unanimous High Court Rules That Age Bias Appeal Was Timely

WASHINGTON, D.C. - A unanimous U.S. Supreme Court ruled on Nov. 8 that a Seventh Circuit U.S. Court of Appeals panel erred when it treated Federal Rule of Appellate Procedure 4(a)(5)(C)'s limitation on time extensions for filing notices of appeal as jurisdictional and reinstated the employment discrimination...

Mealey's Labor & Employment - Preliminary Injunction And Stay Granted In BIC Exemption Suit

ST. PAUL, Minn. - A Minnesota federal judge on Nov. 3 granted a plaintiff's motion for preliminary injunction and the U.S. Department of Labor's (DOL) motion to stay in a lawsuit over the DOL's new "best interest contract" prohibited exemption (BIC exemption) (Thrivent Financial...

Mealey's Labor & Employment - North Dakota Federal Judge Denies Preliminary Injunction In Suit Over New PBM Laws

FARGO, N.D. - A North Dakota federal judge on Nov. 7 denied a motion for a preliminary injunction brought by a trade association representing pharmacy benefit managers (PBMs) seeking to halt two new state laws regulating the categorization of prescription drugs and requiring PBMs to make certain disclosures...

Mealey's Labor & Employment - 4th Circuit Upholds Employer's Right To Amend Deferred Pay Plan's Crediting Rate

RICHMOND, Va. - An employer acted within its rights and did not violate the Employee Retirement Income Security Act when it amended a deferred compensation plan's applicable crediting rate, affecting all, even retired, plan participants, a Fourth Circuit U.S. Court of Appeals panel ruled Nov. 8 ...

Mealey's Labor & Employment - California Company To Pay $105,000 To Settle EEOC Equal Pay Suit

LOS ANGELES - A Santa Ana, Calif.-based business will pay $105,000 to end claims that it paid a female sales representative less than her male co-worker, the Equal Employment Opportunity Commission announced Nov. 15, one day after the consent decree of order was filed in the U.S. District Court for the...

Mealey's Labor & Employment - 9th Circuit: Workweek Average To Reach Pay Rate Doesn't Violate FLSA

SEATTLE - An employer's use of a workweek average to arrive at the appropriate pay rate for employees doesn't violate the Fair Labor Standards Act (FLSA) as it provides employees with wages that meet the minimum wage, a Ninth Circuit U.S. Court of Appeals panel ruled Nov. 15, noting that whether...

Mealey's Labor & Employment - Claim Seeking Coverage For Air Ambulance Transport Remanded To Plan Administrator

SACRAMENTO, Calif. - A California federal judge on Nov. 16 remanded an insured's claim seeking coverage for almost $500,000 incurred for the transport of her daughter from a hospital in Mexico to a hospital in Seattle by air ambulance because the plan administrator did not consider all of the available...