LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Split 1st Circuit: Evidence Doesn't Support NLRB's Reinstatement Of Worker

BOSTON - There was not substantial evidence in the record to support a finding by the National Labor Relations Board that the firing of a newly hired worker who engaged in a heated exchange with a union delegate during orientation training and questioned whether union membership was required was due...

Mealey's Labor & Employment - 10th Circuit: Employee's Demotion, Quitting Weren't Due To Bias, Retaliation

DENVER - A university counseling center employee's demotion and later her decision to quit were not caused by sex discrimination or retaliation, a 10th Circuit U.S. Court of Appeals panel ruled June 2, affirming a trial court's determination that the university had a legitimate reason for the...

Mealey's Labor & Employment - 2nd Circuit: Whole Foods' No Recording Rule Violates Labor Act

NEW YORK - A natural supermarket chain's rule for employees barring the recording of conversations at work is overbroad and violates the National Labor Relations Act (NLRA), a Second Circuit U.S. Court of Appeals panel ruled June 1, enforcing a ruling by the National Labor Relations Board (Whole...

Mealey's Labor & Employment - 5th Circuit Reverses Ruling In Plan Administrator's Favor In Severance Benefits Dispute

NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on June 1 reversed a lower federal court's ruling that ordered a claimant to take nothing from a Separation Benefits Plan, rendering a $255,000 judgment in favor of the claimant after finding that the administrator's reading of the plan was...

Mealey's Labor & Employment - Nevada Supreme Court: Wage Class Claims Can't Proceed Against Taxi Company

CARSON CITY, Nev. - A taxi driver may not proceed with his proposed class wage claims against his employer because he failed to properly oppose a motion for summary judgment and the claims he brought were previously resolved in a grievance filed by the union representing the drivers, the Nevada Supreme...

Mealey's Labor & Employment - D.C. Circuit: Employer Must Comply With Disclosure Requirements Applied By NLRB

WASHINGTON, D.C. - An employer ordered to comply with certain witness-statement disclosure requirements, as established in Anheuser-Busch, Inc., 237 N.L.R.B. 982, 984-85 (1978), has no standing to challenge a new prospective rule established by the National Labor Relations Board in the same ruling because...

Mealey's Labor & Employment - Class Action Over Cost Of EpiPens Filed In Minnesota Federal Court

MINNEAPOLIS - A putative class action brought pursuant to the Employee Retirement Income Security Act alleging that pharmacy benefits managers' violation of their fiduciary duty caused the price of a drug used to treat severe, life-threatening allergic reaction to skyrocket was filed June 2 in Minnesota...

Mealey's Labor & Employment - Minnesota Federal Judge: Wells Fargo Can't Apply Verdict To Nonjury Claims

MINNEAPOLIS - A Minnesota federal judge on June 8 denied Wells Fargo Bank's motion to reconsider his March order that a 2013 verdict did not have a preclusive effect on nonjury claims brought under the Employee Retirement Income Security Act because its counsel failed to timely raise the issue (Blue...

Mealey's Labor & Employment - Merrill Lynch To Settle 401(k) Class Action Lawsuit For $25 Million

MIAMI - Plaintiffs in a class action against Merrill Lynch, Pierce, Fenner & Smith Inc. on June 8 filed an unopposed motion for preliminary approval of a $25 million settlement of a 401(k) lawsuit alleging that Merrill Lynch breached its fiduciary duties by failing to ensure that small retirement...

Mealey's Labor & Employment - Father Denied Parental Leave Request Files Discrimination Charge Against Employer

COLUMBUS, Ohio - A man who claims that J.P. Morgan Chase Co. (JPMC) violated Title VII of the Civil Rights Act and Ohio Fair Employment Practices Act by denying his request for parental leave on the ground that only women can be primary caregivers for children on June 14 filed a charge asking the Ohio...

Mealey's Labor & Employment - 4th Circuit Panel Affirms Judgment For Michelin Plan On Injection Payment Rulings

RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on June 13 affirmed the grant of summary judgment to defendants in a case where a plaintiff sued under the Employee Retirement Income Security Act seeking additional reimbursement for a series of steroid knee injections that an orthopedic surgeon...

Mealey's Labor & Employment - AARP Asks High Court To Review 'Errant' Ruling That ADEA Bars Damages

WASHINGTON, D.C. - AARP and the AARP Foundation on June 15 filed an amicus curiae brief with the U.S. Supreme Court asking the high court to review an "errant" Fifth Circuit U.S. Court of Appeals holding that no damages beyond lost wages are available in retaliation cases under the Age Discrimination...

Mealey's Labor & Employment - Illinois Federal Judge: Woman's ADEA Claims Not Adverse Employment Actions

CHICAGO - An Illinois federal judge on June 15 granted the Illinois Department of Human Services' motion for summary judgment in an Age Discrimination in Employment Act (ADEA) lawsuit, saying the plaintiff failed to show that any of the claims she alleged constituted a materially adverse employment...

Mealey's Labor & Employment - U.S. High Court Denies Certiorari In Macy's Bargaining Appeal

WASHINGTON, D.C. - The U.S. Supreme Court on June 19 denied a petition for writ of certiorari filed by Macy's Inc., seeking a ruling on "[w]hether the National Labor Relations Board must explain the legal significance of factual distinctions between included and excluded employees when deciding...

Mealey's Labor & Employment - 3rd Circuit Panel Affirms Company Didn't Intend For Health Benefits To Vest

PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel on June 15 affirmed summary judgment for Johnson Controls Inc. in an Employee Income Retirement Act lawsuit, saying that language in collective bargaining agreements (CBAs) and insurance booklets indicates that the company never intended for...

Mealey's Labor & Employment - DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal

WASHINGTON, D.C. - The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had...

Mealey's Labor & Employment - Supreme Court Rejects Bid For Review Of Ponzi Scheme Case

WASHINGTON, D.C. - The U.S. Supreme Court on June 19 denied a petition for a writ of certiorari to review a judgment of the Second Circuit U.S. Court of Appeals ruling that a pension fund had no standing to assert breach of fiduciary duty claims under the Employee Retirement Income Security Act against...

Mealey's Labor & Employment - Verdict Against Trans Union Returned In Class Suit Over Credit Report Disclosures

SAN FRANCISCO - A California federal jury returned a verdict on June 20 against Trans Union LLC in a class action accusing the credit-reporting agency of failing to provide proper disclosures and failing to ensure the maximum accuracy on its credit reports for individuals with names potentially matching...

Mealey's Labor & Employment - Oklahoma Top Court: No Preemption Where ERISA Plan Is 'Factual Backdrop'

OKLAHOMA CITY - On remand, a trial court must consider whether a woman's class action claiming that a hospital improperly sought collection from her in violation of its contract with her insurer invokes an Employee Retirement Income Security Act plan or whether the plan is merely part of the "factual...

Mealey's Labor & Employment - Massachusetts Federal Judge Grants Summary Judgment To Fidelity Management Trust

BOSTON - A Massachusetts federal judge on June 19 granted Fidelity Management Trust Co.'s motion for summary judgment in a class action alleging that Fidelity breached its fiduciary duties pursuant to the Employee Retirement Income Security Act by mismanaging the Fidelity Group Employee Benefit Plan...

Mealey's Labor & Employment - Massachusetts Federal Judge Dismisses Remaining Claims In ERISA Class Action

BOSTON - A Massachusetts federal judge on June 19 dismissed the remaining claims in an Employee Retirement Income Security Act class action, saying that the plaintiffs have failed to show that the defendants breached their duties of loyalty and prudence and failed to make a prima facie showing of loss...

Mealey's Labor & Employment - Split High Court: District Court Must Review 'Mixed' Civil Service Case

WASHINGTON, D.C. - Review of a dismissal of a mixed case by the Merit Systems Protection Board (MSPB) where, like the present case, an employee complains of adverse action prompted at least in part by the employing agency's violation of federal anti-discrimination laws must occur in the district...

Mealey's Labor & Employment - 7th Circuit: Claim Of Race Bias Under Little-Used Statute Must Show Adverse Action

CHICAGO - A racial bias claim brought by the Equal Employment Opportunity Commission on behalf of a sales manager who claimed that he was transferred out of a particular store because he was a different race than the surrounding neighborhood fails as the claimant must show an action that adversely affected...

Mealey's Labor & Employment - New York Federal Judge Dismisses ERISA Lawsuit Over Excessive Advice Fees

NEW YORK - A New York federal judge on June 21 dismissed an Employee Retirement Income Security Act putative class action that alleged that a record keeper's advice arrangement constituted a breach of fiduciary duty resulting in excessive fees, saying that the plaintiff failed to allege facts showing...

Mealey's Labor & Employment - U.S. High Court Will Decide On Reach Of Dodd-Frank's Whistleblower Provision

WASHINGTON, D.C. - The U.S. Supreme Court on June 26 agreed to decide whether the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010's whistleblower provision extends to individuals who have not reported the alleged misconduct to the Securities and Exchange Commission (Digital Realty...