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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...

Mealey's Labor & Employment - Car Dealership Attorney To High Court: 'Service Advisors' Are Salespeople

WASHINGTON, D.C. - The attorney representing a Mercedes-Benz car dealership argued before the U.S. Supreme Court on Jan. 17 that "service advisors" are "plainly salespeople" who are primarily engaged in "the servicing of automobiles" and are exempt from receiving overtime...

Mealey's Labor & Employment - Judge Chops Fee Request For Tribe's $8 Million Win Over Blue Cross For Hidden Fees

BAY CITY, Mich. - A Michigan Indian tribe that won an $8.4 million award for Blue Cross Blue Shield's charging of hidden administrative fees for the tribe's employee benefit program had its request for attorney fees drastically reduced Jan. 17 by a federal judge, who slashed the fees by 75 percent...

Mealey's Labor & Employment - EEOC Wants Federal Judge To Rethink Imposing Deadlines For ACA Rule Making

WASHINGTON, D.C. - A federal judge lacks the power to impose deadlines on a federal agency's rule-making process related to a Patient Protection and Affordable Care Act (ACA) rule governing employee wellness program disclosures and discounts, the agency argues in a Jan. 16 brief filed in the U.S...

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...