LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Denial Of Appellate Attorney Fees In Disability Dispute Was An Abuse Of Discretion

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Oct. 31 reversed a district court's denial of attorney fees to a disability plan acting on behalf the plan participant after determining that the plan is entitled to collect the attorney fees it incurred as result of the disability insurer's...

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 - Petition To Determine Validity Of Lien Claim Survives ERISA Preemption Challenge

HONOLULU - A Hawaii chief federal judge on Oct. 31 granted in part a petitioner's motion for determination of the validity of a health insurer's claim of lien seeking reimbursement of the $400,779.70 it paid under an Employee Retirement Income Security Act plan to compensate the petitioner for...

Mealey's Labor & Employment - California Judge Keeps T-Mobile Tech's On-Call Wages Suit In Federal Court

OAKLAND, Calif. - Even conservative estimates put the amount in controversy in a wage-and-hour class complaint filed by a mobile phone company technician above the Class Action Fairness Act's (CAFA) $5 million threshold, a California federal judge ruled Nov. 2, denying the technician's motion...

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 - 5th Circuit: Bias, Other Claims Barred By Time Limitations, Failure To Exhaust

NEW ORLEANS - An employee who had complained to the Equal Employment Opportunity Commission of various forms of bias prior to his termination failed to successfully bring those same claims after his termination against his former employer in federal court along with claims of retaliation as his claims...

Mealey's Labor & Employment - 10th Circuit Affirms Ruling For Hunter Douglas In Age Bias, Retaliation Suit

DENVER - A former Hunter Douglas Window Fashions Inc. employee who claimed that his age and an injury he sustained at work caused his termination failed to present sufficient evidence of his claims, a 10th Circuit U.S. Court of Appeals panel ruled Nov. 3, affirming a trial court's dismissal of the...

Mealey's Labor & Employment - TGI Friday's Granted Summary Judgment In Tip Credit, Tip Pool Class Suit

PHILADELPHIA - A Pennsylvania federal judge on Nov. 2 granted a summary judgment motion filed by TGI Friday's Inc. in a class complaint brought by a former server who worked in two different locations and alleged that the restaurant improperly took a tip credit from servers without notification and...

Mealey's Labor & Employment - Dollar General Seeks Documents, Clarification In EEOC Suit Over Background Checks

CHICAGO - The operator of the Dollar General retail chain on Nov. 2 asked an Illinois federal court to compel the Equal Employment Opportunity Commission to respond to discovery requests in which the retailer seeks clarification about the commission's claims of disparate treatment related to employee...

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 - Consolidated Edison Will Pay $800,000 To Settle Disability Bias Suit

NEW YORK - Consolidated Edison Company of New York Inc. (Con Edison) has agreed to pay $800,000 and provide other relief to settle a lawsuit accusing the employer's doctors of refusing to medically approve qualified candidates to commence their employment due to their disabilities, the Equal Employment...

Mealey's Labor & Employment - House Passes Bill That Rolls Back Treatment Of Joint Employers

WASHINGTON, D.C. - The U.S. House of Representatives on Nov. 7 passed with a 242-181 vote a bill that rolls back the joint-employer standard that was implemented under President Barack Obama.

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 - Amici Assert Contributions To Plan Cannot Be Used As Defense To Fiduciary Breach Claim

BOSTON - A settlor's contributions to a 401(k) plan are not a defense to claims that the plan trustee breached its fiduciary duties by engaging in prohibited transactions, AARP and the National Employment Lawyers Association argue in an amicus curiae brief filed in the First Circuit U.S. Court of...

Mealey's Labor & Employment - California Federal Judge: Collective, Class Certification Motions Should Both Be Filed

SAN FRANCISCO - A California federal judge on Nov. 10 held in abeyance a motion for collective certification under the Fair Labor Standards Act (FLSA) filed by a property appraiser alleging that he and others have been misclassified and denied overtime wages and ruled that the plaintiff may renew his...

Mealey's Labor & Employment - Fire Chief's Testimony Tossed In Paramedic's Wrongful Termination Suit

SAN ANTONIO - A paramedic challenging his firing was successful in getting a fire chief's expert testimony excluded from the case when a Texas federal judge ruled Nov. 13 that the chief's testimony is not relevant and would not be helpful to a jury (Bryan Brightwell v. Bandera County, No. 5:16...

Mealey's Labor & Employment - Federal Judge: No Employment Practices Coverage Owed For Age Discrimination Claims

DENVER - A Colorado federal judge on Nov. 14 granted an insurer's motion for summary judgment in a coverage dispute over underlying age discrimination and retaliation claims against its insured, finding that the insured failed to give timely notice of the claim (Scottsdale Indemnity Co. v. Convercent...

Mealey's Labor & Employment - Panel: Employee Fired For Pro-Trump Tweet Wrongly Denied Unemployment Benefits

HARRISBURG, Pa. - A Pennsylvania appellate panel on Nov. 13 found that an employee's tweet, which led to her dismissal, did not violate her employer's social media policy and, thus, did not constitute willful misconduct to disqualify her from receiving unemployment compensation (UC) benefits...

Mealey's Labor & Employment - Uber Hit With Class Suit For Alleged Harassment, Assaults By Drivers

SAN FRANCISCO - Uber Technologies Inc. has failed to perform adequate background checks on its drivers prior to hiring and has failed to monitor them after hiring, resulting in passengers - primarily females - suffering sexual harassment and assaults, two unnamed Jane Does allege in a Nov. 14 class complaint...

Mealey's Labor & Employment - Termination Of LTD Benefits Supported By Medical Evidence, Appeals Panel Says

PHILADELPHIA - A district court did not err in finding that a disability insurer's termination of long-term disability benefits under the plan's any-occupation standard was not arbitrary and capricious because the termination is supported by substantial evidence, the Third Circuit U.S. Court...

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 - Employer's Collection Of Biometric Data Violates Illinois Law, Class Suit Claims

CHICAGO - The owner of assisted living facilities violates the Illinois' Biometric Information Privacy Act (BIPA) by collecting biometric data, one former employee alleges in a class complaint filed Nov. 14 in the Cook County, Ill., Circuit Court (Jonnae Taylor, et al. v. Sunrise Senior Living Management...