LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Plan Participants Fail To State Claim for Breach Of Duty To Diversify, Judge Says

HOUSTON - A Texas federal judge on May 9 granted a motion to dismiss filed by the defendants in a class action alleging that a retirement plan breached its duty to diversify and its duty of prudent following a spinoff of the company because the plan did not mandate that the participants' assets remain...

Mealey's Labor & Employment - Claims Trimmed, Class Certified In Computer Tech's Age Bias Case

NORFOLK, Va. - A Virginia federal judge on May 9 issued two separate opinions, one granting conditional certification and the second partially granting dismissal in a complaint brought by a former Virginia school district computer specialist who alleges that a decision to force all specialists to reapply...

Mealey's Labor & Employment - U.S. High Court Will Decide Railroad Worker's Dispute Over Taxes On Lost Wages

WASHINGTON, D.C. - The U.S. Supreme Court on May 14 agreed to hear an appeal over the payment of employment taxes under the Railroad Retirement Tax Act (RRTA) on a railroad's payment to a worker for time lost from work due to work-related injuries (BNSF Railway Company v. Michael D. Loos, No. 17...

Mealey's Labor & Employment - Citing Ambiguity, Factual Disputes, 6th Circuit Remands Retirement Plan Case

CINCINNATI - The Sixth Circuit U.S. Court of Appeals on May 10 weighed in on a longstanding dispute between retirees and their retirement plan, writing that because it "cannot discern the contours of the parties' intent" from plan language relating to early retirement reductions for post...

Mealey's Labor & Employment - Employers Escape Transgender Discrimination Case; ACA Claim Dismissed

MADISON, Wis. - Direct employers are not subject to liability in a case alleging discrimination against transgender individuals in the provision of health insurance, but claims against the providers of that insurance may proceed and the plaintiffs may amend their Patient Protection and Affordable Care...

Mealey's Labor & Employment - U.S. Supreme Court Won't Hear ERISA Appeal Over Out-Of-Network Services

WASHINGTON, D.C. - The U.S. Supreme Court on May 14 denied a petition for writ of certiorari filed by an out-of-network health care provider denied coverage by an Employee Retirement Income Security Act administrator for more than $11 million in claims that was seeking a ruling on two ERISA-related issues...

Mealey's Labor & Employment - 11th Circuit Rejects Sexual Orientation Bias Claim Under Title VII

ATLANTA - An 11th Circuit U.S. Court of Appeals panel on May 10 reaffirmed the precedent established in Evans v. Ga. Regional Hospital, 850 F.3d 1248, 1255 (11th Cir. 2017), and ruled that Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq., does not cover bias based on sexual orientation...

Mealey's Labor & Employment - Panel Refuses To Reconsider If Amendment To Pension Plan Violated Anti-Cutback Rule

CHICAGO - The Seventh Circuit U.S. Court of Appeals on May 10 rejected a petition to reconsider its finding that an amendment to a pension plan's calculation of retirement income credits does not violate the Employee Retirement Income Security Act's anti-cutback rule (James P. Teufel v. The Northern...

Mealey's Labor & Employment - Former Casino Dealer Disputes Magistrate's Ruling In Worker Class Action

ASHEVILLE, N.C. - A magistrate judge erred in recommending dismissal of a former casino employee's wage-and-hour class claims based on the employer's connection to an Indian tribe, the ex-worker says in a May 11 objection to the magistrate judge's memorandum and recommendation in North Carolina...

Mealey's Labor & Employment - Lyft Hit With Driver Class Suit Claiming Deceptive Payment Practices

SAN FRANCISCO - Lyft Inc., an app-based taxi service, has deceived and violated California's unfair competition law (UCL) by misrepresenting and changing fare practices, one driver alleges in his May 10 class complaint filed in the U.S. District Court for the Northern District of California (Fernando...

Mealey's Labor & Employment - Split Montana High Court Upholds Class Denial In Background Checks Suit

HELENA, Mont. - A trial court didn't err when it found that a woman who sued a company performing background checks over the inclusion of obsolete information in checks carried out for potential employers failed to satisfy the element of superiority under Montana Rule of Civil Procedure 23(b)(3)...

Mealey's Labor & Employment - 3rd Circuit: Anti-Assignment Provision Bars ERISA Health Insurance Suit

PHILADELPHIA - Anti-assignment provisions in health insurance contracts are enforceable and bar a provider's Employee Retirement Income Security Act suit, the Third Circuit U.S. Court of Appeals held May 16 (American Orthopedic & Sports Medicine v. Independence Blue Cross Blue Shield, et al....

Mealey's Labor & Employment - Wells Fargo Will Appeal $97 Million Rest Break Award For Mortgage Consultants Class

LOS ANGELES - Wells Fargo Bank N.A. filed a notice of appeal on May 15, a week after a California federal judge awarded a class of Wells Fargo Bank N.A. home mortgage consultants (HMCs) more than $97 million in damages on claims that they were denied rest breaks and a derivative California's unfair...

Mealey's Labor & Employment - Courier Asserts UCL, PAGA Claims Against Delivery Service In California Court

SAN FRANCISCO - A delivery courier on May 15 filed a class action complaint against a same-day delivery courier service in a California state court, alleging that it violated California's unfair competition law (UCL) and labor code when it misclassified employees as independent contractors (Raef...

Mealey's Labor & Employment - Split U.S. Supreme Court Upholds Class Action Waivers In Arbitration Agreements

WASHINGTON, D.C. - A sharply divided U.S. Supreme Court ruled 5-4 on May 21 in three consolidated cases that arbitration agreements barring class action proceedings must be enforced (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v...

Mealey's Labor & Employment - Panel Says Benefits Are Owed For Amputation Caused By Auto Accident

SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on May 16 reversed a district court's ruling that no benefits are owed under an accidental dismemberment plan after determining that the plan participants met their burden of proving that the amputation of a participant's leg was caused...

Mealey's Labor & Employment - States Seek Reconsideration Of Motions To Intervene In DOL Fiduciary Rule Dispute

NEW ORLEANS - California, New York and Oregon on May 16 moved for reconsideration of a majority of the Fifth Circuit U.S. Court of Appeals' denial of their motion to intervene in a dispute over the U.S. Department of Labor's "fiduciary rule," contending that they will suffer "grave...

Mealey's Labor & Employment - Jury Rules For Rent-A-Center In Transgender Bias Suit Brought By EEOC

URBANA, Ill. - An Illinois federal jury on May 18 returned a verdict for a rent-to-own retailer in a transgender discrimination suit brought by the Equal Employment Opportunity Commission on behalf of a former employee who alleged that she was fired after transitioning (U.S. Equal Employment Opportunity...

Mealey's Labor & Employment - University Of Denver Will Pay $2.66M, Increase Salaries To Settle Equal Pay Suit

DENVER - A Colorado federal judge on May 18 signed off on an equal pay settlement between the Equal Employment Opportunity and the University of Denver under which the university will pay $2.66 million in damages to seven female professors and increase those same professors' salaries (Equal Employment...

Mealey's Labor & Employment - Judge Strikes Some Of Plan Administrator's Affirmative Defenses In Class Action Suit

SEATTLE - A Washington federal judge on May 18 partially granted a plaintiff's motion to strike a 403(b) plan administrator's affirmative defenses in a putative class action lawsuit alleging breach of fiduciary duties under the Employee Retirement Income Security, but allowed the affirmative...

Mealey's Labor & Employment - McDonald's Franchisee Pays Penalties For Child Labor Violations

CENTRAL VALLEY, N.Y. - S&P Enterprises Inc., a McDonald's franchisee, has paid $8,829 in penalties to resolve child labor violations in 11 New Jersey fast food restaurants, the U.S. Department of Labor's Wage and Hour Division (WHD) announced May 18.

Mealey's Labor & Employment - High Court Should Deny Review Of Ruling On ERISA's Limitation Of Action Provision

WASHINGTON, D.C. - The U.S. Supreme Court should deny a petition for writ of certiorari filed by a retirement plan trustee because the trustee waived the right to assert a timeliness defense under Section 1113(1) of the Employee Retirement Income Security Act and because the 11th Circuit U.S. Court of...

Mealey's Labor & Employment - Majority Won't Reconsider Denial Of States' Motion To Intervene In Dispute With DOL

NEW ORLEANS - A majority of the Fifth Circuit U.S. Court of Appeals on May 22 denied a motion by California, New York and Oregon to reconsider their motion to intervene in a majority ruling that reversed a Texas federal court's decision rejecting business groups' challenges of the U.S. Department...

Mealey's Labor & Employment - Houston Texans Cheerleaders File Collective Action Seeking Unpaid Wages

HOUSTON - The Houston Texans football team and its cheerleading coach wrongfully require cheerleaders to work off the clock and fail to pay minimum and overtime wages, one former cheerleader, referred to only by her initials, alleges in her May 21 collective action filed in a Texas federal court (P.G...

Mealey's Labor & Employment - Former NFL Player Files Class Action, Alleges Plan Breached Fiduciary Duties

NEW YORK - A former National Football League player on May 22 filed suit in New York federal court, alleging that the NFL's retirement plan and its fiduciaries duty violated the Employee Retirement Income Security Act by refusing to reclassify players' disability benefits as football degenerative...