LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Judge Finds Coke Had No Contractual Duty To Safeguard Employee Information

PHILADELPHIA - Finding that The Coca-Cola Co. (Coke) had neither an express nor implied contractual duty to protect its employees' personally identifiable information (PII), a Pennsylvania federal judge on March 31 granted summary judgment to the beverage company on a putative breach of contract...

Mealey's Labor & Employment - DOL Announces 60-Day Extension Of Fiduciary Rule's Applicability

WASHINGTON, D.C. - The U.S. Department of Labor (DOL) in an April 4 press release on its website announced a 60-day extension of the applicability dates of its new fiduciary rule and related exemptions, following a Feb. 3 presidential memorandum that directed the department to examine the rule to ensure...

Mealey's Labor & Employment - 5th Circuit Denies Motion For Injunction Pending Appeal Of DOL Fiduciary Rule

NEW ORLEANS - With no comment, a Fifth Circuit U.S. Court of Appeals panel on April 5 denied an emergency motion filed by a consortium of eight national and Texas-based trade associations that sell annuities and other life insurance products for an injunction pending appeal of the U.S. Department of...

Mealey's Labor & Employment - 56 House Members Ask For Temporary Hold On Joint Employer Standard

WASHINGTON, D.C. - In a letter to the House Appropriations Committee, 56 bipartisan members of the U.S. House of Representatives call on committee leaders to include a joint employer policy provision in the Fiscal Year 2018 Labor, Health and Human Services, Education and Related Agencies Appropriations...

Mealey's Labor & Employment - 6th Circuit Affirms Ruling Dismissing ERISA Suit Against Cliffs Natural Resources

CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on April 7 affirmed an Ohio federal judge's decision to dismiss a class action filed by members of the Cliffs Natural Resources Inc. employee stock ownership plan (ESOP) alleging breach of fiduciary duty under the Employee Retirement Income...

Mealey's Labor & Employment - Twice Fired Garbage Truck Driver May Proceed With Wrongful Termination Claim

PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on April 7 reinstated a wrongful termination claim by a garbage truck driver who was fired twice by the same employer, finding that the employer's proffered reason for the second firing - the employee's failure to provide proof of...

Mealey's Labor & Employment - 10th Circuit: Grip Strength Impairment Is Not A Disability

DENVER - A job applicant whose offer of employment was revoked after the employer found that his grip strength impairment was not compatible with the job failed to show that his impairment was a disability, the 10th Circuit U.S. Court of Appeals ruled April 11, affirming a grant of summary judgment in...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Dismissal Of ERISA Suit On Res Judicata Grounds

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on April 11 affirmed a New Jersey federal court's dismissal of a lawsuit challenging a ruling that a man was ordered to reimburse a health benefit plan after he obtained a settlement from a third party for injuries he suffered in an accident...

Mealey's Labor & Employment - U.S. Steel Subsidiary Will Pay $150,000 To Settle Hair Follicle Test Dispute

HOUSTON - U.S. Steel Tubular Products Inc. (USSTP) has agreed to pay $150,000 to settle religious bias and retaliation claims after it revoked a job offer when the worker requested an alternate hair follicle drug test due to his religious beliefs, the Equal Employment Opportunity Commission announced...

Mealey's Labor & Employment - 2nd Circuit Panel: ERISA Plaintiff Failed To Exhaust Administrative Procedures

NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 10 affirmed a New York federal judge's ruling that a plaintiff in an Employee Retirement Income Security Act lawsuit failed to exhaust a pension plan's internal administrative procedures before filing suit (Kevin McCulloch v. Board...

Mealey's Labor & Employment - Supreme Court Hears 'Mixed' Civil Service Termination, Discrimination Case

WASHINGTON, D.C. - The U.S. Supreme Court grappled April 17 with a statutory scheme for federal workers who challenge employment decisions that is designed to prevent claim splitting and to streamline the judicial process for often pro se litigants but that Justice Samuel Anthony Alito Jr. called "unbelievably...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms New York Judge's Dismissal Of Pension, Benefits Claims

NEW YORK - A Second Circuit U.S. Court of Appeals panel on April 14 affirmed a New York federal judge's dismissal of a plaintiff's claims for pension and stock benefits on timeliness grounds, saying that his complaint was filed well outside of the six-year limitations period that applies to Employee...

Mealey's Labor & Employment - New York Federal Judge Unseals Order Certifying J.P. Morgan ERISA Class

NEW YORK - A New York federal judge on April 17 unsealed a two-week-old order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying he found evidence of a possible causal link between alleged breaches of fiduciary...

Mealey's Labor & Employment - American Dental Association To Pay $1.95M To Settle EEOC Bias Charges

CHICAGO - The American Dental Association (ADA) has agreed to pay $1.95 million to settle two discrimination charges, the Equal Employment Opportunity Commission announced April 21.

Mealey's Labor & Employment - Rhode Island Federal Judge Tosses ERISA Lawsuit Against CVS Health With Prejudice

PROVIDENCE, R.I. - A Rhode Island federal judge on April 18 adopted a report by a magistrate judge who recommended dismissal of an amended complaint arising under the Employee Retirement Income Security Act alleging that CVS Health Corp., its employee benefits plan committee and the manager of one of...

Mealey's Labor & Employment - Split 6th Circuit Reinstates Retaliation Claims For Firing After FMLA Leave

CINCINNATI - An employee with mental health issues who was demoted and then fired after taking leave under the Family and Medical Leave Act (FMLA) may proceed with his retaliation claims brought under the FMLA and the Americans with Disabilities Act (ADA), a split Sixth Circuit U.S. Court of Appeals...

Mealey's Labor & Employment - 5th Circuit Reverses Ruling Finding Technician Repairing Oil Rigs Is A Seaman

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 19 reversed a trial court's summary judgment ruling in favor of an employer, finding that it had not been established as a matter of law that the Fair Labor Standard Act's (FLSA) seaman exemption applies to the plaintiff, who...

Mealey's Labor & Employment - Supreme Court Rules Against Tribal Casino Limo Driver In Couple's Negligence Suit

WASHINGTON, D.C. - An Indian tribe's sovereign immunity does not protect a tribal casino limousine driver from an individual capacity lawsuit filed by a couple injured in a crash with the limo because the driver is the actual party in interest, not the tribe, a unanimous U.S. Supreme Court held April...

Mealey's Labor & Employment - 5th Circuit Panel Affirms Abuse-Of-Discretion Standard Proper In Benefits Denial

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on April 21 affirmed a Texas federal judge's ruling denying coverage for partial hospitalization for mental health treatment, saying that the judge properly reviewed the denial of coverage under an abuse-of-discretion standard (Ariana M. v...

Mealey's Labor & Employment - Iowa Top Court Rejects Chiropractors' Unequal Pay Claim Against Insurer

DES MOINES, Iowa - Iowa state law does not require insurers to compensate chiropractors at the same rate as other medical professionals and would be preempted by ERISA if it did, the Iowa Supreme Court held April 21 (Lyle H. Abbas, et al. v. Iowa Insurance Division, Wellmark Inc., et al., No. 15-1248...

Mealey's Labor & Employment - 10th Circuit Orders Reconsideration Of Personal Liability In Bias Suit

DENVER - A Colorado federal court erred in finding that under the cat's paw theory, an unbiased decisionmaker may be personally liable for an adverse action based on a subordinate supervisor's racially motivated recommendation, a 10th Circuit U.S. Court of Appeal panel ruled April 21; however...

Mealey's Labor & Employment - 2nd Circuit Panel Affirms Dismissal Of Suit Against Hartford Financial, Retailer

NEW YORK - In an unpublished decision, a Second Circuit U.S. Court of Appeals panel held April 25 that a Connecticut federal judge properly dismissed a putative class action filed by Family Dollar Stores Inc. employees under the Employee Retirement Income Security Act for failure to state a claim upon...

Mealey's Labor & Employment - 4th Circuit Panel Affirms Plan Wrongfully Denied Man's Early Retirement Benefits

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on April 24 affirmed a North Carolina judge's ruling that a man's pension plan wrongfully denied him regular early retirement benefits, saying that the man clearly qualified for regular early retirement under the plan's terms (Garry...

Mealey's Labor & Employment - D.C. Circuit: Hotel Did Not Violate Labor Act When It Suspended A Bellman

WASHINGTON, D.C. - A Las Vegas hotel did not violate the National Labor Relations Act (NLRA) when is suspended a bellman to investigate a customer complaint after the bellman refused to make a statement about the incident without a union representative present, the District of Columbia Circuit U.S. Court...

Mealey's Labor & Employment - Labor Board ALJ Finds AT&T's Privacy Rule For Workers Is Too Broad

WASHINGTON, D.C. - AT&T Mobility LLC's privacy policy for employees that prohibits the recording of conversations with co-workers, managers and third parties is overly broad and violates the National Labor Relations Act (NLRA), an administrative law judge (ALJ) ruled April 25 (AT&T Mobility...