LexisNexis® Legal Newsroom
Mealey's Labor & Employment - Firing For Refusing To Sign Unlawful Confidentiality Agreement Violates NLRA

NEW YORK - An employer violates Section 8(a)(1) of the National Labor Relations Act (NLRA) when it terminates an employee for refusing to agree to an unlawful confidentiality agreement, a Second Circuit U.S. Court of Appeals panel ruled Aug. 31 (National Labor Relations Board v. Long Island Association...

Mealey's Labor & Employment - 7th Circuit Vacates Certification Of Health Plan Participants Suing Insurer

CHICAGO - A trial court that certified a class of participants who filed a breach of fiduciary duty lawsuit against a mutual insurance company for allegedly using premiums it obtained through payments made by them for health care coverage to enrich itself failed to address glaring issues, a Seventh Circuit...

Mealey's Labor & Employment - 7th Circuit Upholds Firing Of HR Manager Who Hid Relationship With Subordinate

CHICAGO - A human resources manager who hid and then lied about her intimate relationship with an employee whom she helped hire and then supervise failed to show that gender discrimination and retaliation caused her firing rather than her false statements and other performance issues, a Seventh Circuit...

Mealey's Labor & Employment - Former Administrator Cannot Sue As Individual Under ERISA, 7th Circuit Affirms

CHICAGO - The Seventh Circuit U.S. Court of Appeals on Sept. 5 affirmed a lower federal court's dismissal of a former pension plan administrator's claim under the Employee Retirement Income Security Act because he is suing as a private individual and not a fiduciary, but vacated the dismissal...

Mealey's Labor & Employment - 5th Circuit Reinstates Fired Fire Chief's Due Process Claim

NEW ORLEANS - The fire chief of a Louisiana volunteer department may proceed with his procedural due process claim over his firing, a Fifth Circuit U.S. Court of Appeals panel ruled Sept. 5, finding that a trial court erred when it ruled at the summary judgment stage that an unexecuted contract was inadmissible...

Mealey's Labor & Employment - Disability Plan Failed To Consider Reliable Evidence, 9th Circuit Panel Says

SAN FRANCISCO - A district court erred in finding that a disability plan administrator did not abuse its discretion in terminating a claimant's benefits because the plan failed to consider reliable evidence in support of the plan participant's claim, the Ninth Circuit U.S. Court of Appeals said...

Mealey's Labor & Employment - Court: ACA Lifetime Benefit Cap Provision Doesn't Cover ERISA Retiree Plan

PASADENA, Calif. - The Patient Protection and Affordable Care Act (ACA)'s ban on lifetime benefit maximums does not apply to retiree plans governed by the Employee Retirement Income Security Act, but the plan documents are sufficiently confusing to state a cause of action, a Ninth Circuit U.S. Court...

Mealey's Labor & Employment - Doctor, Medical Practice Do Not Have Standing To Assert Claims Against Patient's Plan

NEW YORK - The Second Circuit U.S. Court of Appeals on Sept. 6 affirmed a district court's ruling that a doctor and a medical practice do not have standing to assert claims against a patient's health care plan because the patient did not assign his or her rights to the doctor and the medical...

Mealey's Labor & Employment - New Jersey Wage Claims Survive Wells Fargo's Motion To Strike Class Allegations

NEWARK, N.J. - A New Jersey federal judge on Sept. 6 denied a motion by Wells Fargo & Co. and Wells Fargo Bank N.A. (collectively, Wells Fargo) to strike class allegations filed by two former hourly employees alleging that they had to work outside of normal work hours to meet mandated quotas and...

Mealey's Labor & Employment - Texas Federal Judge Tosses Staffing Agency's Bias Claims Against Hospital

DALLAS - A staffing agency that provided a prep cook to a hospital while in the midst of contract negotiations to provide additional staff may not proceed with retaliation and bias claims against the hospital because it lacked an employment relationship, a Texas federal judge ruled Sept. 7 (White Glove...

Mealey's Labor & Employment - Federal Judge Denies Dismissal Of Temp Guest Workers' Prevailing Wage Class Suit

BALTIMORE - Workers employed by a landscaping company under the H-2B visa program may proceed with class claims that they were improperly denied wages, paid at a rate less than that mandated by the U.S. Department of Labor (DOL) and denied reimbursement of certain expenses, a Maryland federal judge ruled...

Mealey's Labor & Employment - Paramount To Settle Parking Production Assistants' Class Wage Claims For $700,000

NEW YORK - Parking production assistants (PPAs) employed by Paramount Pictures Corp. filed a motion on Sept. 8 in the U.S. District Court for the Southern District of New York seeking final approval of a $700,000 settlement to be paid by Paramount to end claims that the PPAs were denied overtime pay...

Mealey's Labor & Employment - 11th Circuit Affirms Rulings In Favor Of Employer In ERISA Dispute

ATLANTA - The 11th Circuit U.S. Court of Appeals on Sept. 8 found that a lower federal court did not err in striking two paragraphs of a plainitff's declaration filed in opposition to his former employer's motion for summary judgment in an Employee Retirement Income Security Act lawsuit, further...

Mealey's Labor & Employment - Judge Finds Anti-Assignment Clause Puts Health Care Insurance Spat Outside ERISA

NEWARK, N.J. - A health insurance plan's provision barring insureds from assigning rights leaves a provider pursuing its individual right to payment under state law and precludes removal and preemption under the Employee Retirement Income Security Act of 1974, a federal judge in New Jersey held Sept...

Mealey's Labor & Employment - California Yoga Studios Owner To Settle Instructors' Wage Claims For $1.4M

OAKLAND, Calif. - A California federal judge on Sept. 11 granted preliminary approval of a $1.4 million settlement to be paid by the owner of California yoga studios that is accused of failing to fully compensate its instructors for all work and failing to provide overtime, meal and rest breaks (Shauna...

Mealey's Labor & Employment - Human Resources Expert Stricken For Lack Of Reliability, Relevance

SEATTLE - A human resources expert for tree-trimming business Asplundh Tree Experts Co. in a former worker's sexual harassment suit cannot testify at trial because his opinions are unreliable and irrelevant and do not offer any expertise to assist a jury, a Washington federal judge held Sept. 12...

Mealey's Labor & Employment - Claimant Failed To Prove Her Disability Had A Physical Component, 9th Circuit Holds

SAN FRANCISCO - A district court correctly concluded that a disability claimant is not entitled to long-term disability benefits because the claimant failed to prove that her disability had a physical component that would not be excluded under the plan's mental-health limitation, the Ninth Circuit...

Mealey's Labor & Employment - Appellate Panel Refuses To Rehear Plan's Arguments In Disability Benefits Suit

WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on Sept. 11 refused to reconsider its finding that a woman was totally disabled under the terms of her Employee Retirement Income Security Act-governed long-term disability plan and that the plan administrator did not satisfactorily...

Mealey's Labor & Employment - Nurses Granted Certification In Suit Seeking Pay For Auto-Deducted Meal Breaks

COLUMBUS, Ohio - An Ohio federal judge on Sept. 11 granted a motion for certification filed by a class of nurses who allege that their employer erred by automatically deducting 30 minutes from their pay per day for a meal break even though the nurses often had to work during those breaks (Lynnett Myers...

Mealey's Labor & Employment - Employer's Nonbiased Reason For Firing Dooms Mother's Claim On Behalf Of Dead Son

NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Sept. 12 affirmed a summary judgment ruling for an employer that was by a mother who alleged that her now deceased son was discriminated against when he was fired shortly after a cancer diagnosis (Verna J. Floyd v. Chilly's L.L.C. of Alabama...

Mealey's Labor & Employment - Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers' Suit

SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs ...

Mealey's Labor & Employment - Majority Grants Deference To Plan Administrator's Pension Benefit Calculation

PHILADELPHIA - A majority of the Third Circuit U.S. Court of Appeals on Sept. 15 held that an ambiguous pension plan accords the plan administrator discretion to interpret the plan terms and the mere existence of a conflict of interest is not sufficient enough to raise skepticism of the administrator's...

Mealey's Labor & Employment - Texas Federal Judge Finds Health Plan Must Cover Weight Loss Surgery

HOUSTON - A health plan beneficiary is owed full coverage for a gastric bypass surgery and a follow-up surgery and care required after she experienced complications, a Texas federal judge ruled Sept. 14, finding that the beneficiary's evidence that she has experienced nausea and vomiting placed her...

Mealey's Labor & Employment - 10th Circuit: 911 Dispatcher Should Be Paid For Pre-Shift Briefing

DENVER - A 10th Circuit U.S. Court of Appeals panel on Sept. 14 upheld a ruling for a New Mexico County Board of Commissioners being sued for various wage violations by hourly employees, except as to a 911 dispatcher's claims that she should be paid for pre-shift briefings, finding that the briefings...

Mealey's Labor & Employment - Award Of Attorney Fees Warranted As Disability Claimant Achieved Some Success

SAN FRANCISCO - A California federal judge on Sept. 14 awarded a disability claimant more than $100,000 in attorney fees after determining that the award was warranted because the claimant achieved "some degree" of success on the merits (Robert Bosley v. Metropolitan Life Insurance Co., No...