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Mealey's Labor & Employment - Question Of Fact Exists As To Whether Claimant Can Perform Other Occupations
Posted on 12 Jul 2019 by Mealeys
BRIDGEPORT, Conn. - A Connecticut federal judge on July 9 determined that a trial must be scheduled in a disability benefits suit because a question of fact exists as to whether the claimant can become qualified for the occupations identified by the disability... Read More
Tags: labor and employment
Mealey's Labor & Employment - Deferred Compensation Plan Dispute Preempted By ERISA, Panel Says
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on July 10 concluded that bonuses deferred under a separate agreement do not transform a deferred compensation plan into a bonus plan exempt from Employee Retirement Income Security Act scrutiny (Dan... Read More
Tags: labor and employment , Top Headlines
Mealey's Labor & Employment - Disability Insurer's Denial Of Benefits Was Not Abuse Of Discretion, Panel Says
ST. LOUIS - A district court did not err in granting a disability insurer's motion for summary judgment because the insurer's denial of benefits is supported by the medical evidence in the administrative record, the Eighth Circuit U.S. Court of... Read More
Mealey's Labor & Employment - PBGC Files Opposition Brief In Dispute Over ERISA Successor Liability
WASHINGTON, D.C. - After initially waiving its right to respond, Pension Benefit Guaranty Corp. (PBGC) on July 3 filed an opposition brief with the U.S. Supreme Court in which it argues that the Sixth Circuit U.S. Court of Appeals' holding that the... Read More
Mealey's Labor & Employment - 6th Circuit Affirms No New Trial After Verdict For Board In Age Bias Suit
CINCINNATI - A Tennessee federal court didn't err when it excluded testimony in an age bias lawsuit and then denied a motion for a new trial following a jury verdict for the employer in the lawsuit brought by a former educator, a Sixth Circuit U.S... Read More
Mealey's Labor & Employment - D.C. Circuit Remands Union Bargaining Case For Judicial Estoppel Consideration
WASHINGTON, D.C. - The National Labor Relations Board misapplied New Hampshire v. Maine when it found that the doctrine of judicial estoppel didn't apply to a case where a union asking the NLRB to assert jurisdiction over its relationship with an... Read More
Mealey's Labor & Employment - Judge Finds Fired Employees Spoliated Evidence, Dismisses Age Discrimination Suit
Posted on 9 Jul 2019 by Mealeys
FORT SMITH, Ark. - Two employees fired for data security flaws failed to establish that their terminations were due to age discrimination, an Arkansas federal judge ruled July 3, granting summary judgment to their former employer after also finding that... Read More
Mealey's Labor & Employment - 8th Circuit: Terms Allowed ERISA Plan To Seek Reimbursement From Member
ST. PAUL, Minn. - Terms of an Employee Retirement Income Security Act plan contained in the summary plan description (SPD) permitted the plan to seek reimbursement of health benefits paid to a member for injuries caused by another after that party's... Read More
Mealey's Labor & Employment - 5th Circuit In Overtime Rule Suit: Worker, Attorneys Weren't In Privity With DOL
NEW ORLEANS - A Texas federal court erred in finding that a former New Jersey Mexican fast food chain worker and her attorneys were in contempt of a court's injunction against the U.S. Department of Labor (DOL) when they sued for wages under the Fair... Read More
Mealey's Labor & Employment - 6th Circuit Partially Enforces NLRB Order After Employer Alters Benefits
CINCINNATI - An energy supplier violated the National Labor Relations Act (NLRA) when it cherry picked which collective bargaining agreement (CBA) changes from its last offer before reaching an impasse with the union representing its employees to put... Read More
Mealey's Labor & Employment - Dismissal Of Delinquent Exit Contribution Request Was Error, Panel Says
RICHMOND, Va. - A panel of the Fourth Circuit U.S. Court of Appeals on July 3 reversed and remanded a Virginia federal judge's dismissal of allegations that an employer is obligated to pay an exit contribution to a pension fund (Board of Trustees... Read More
Mealey's Labor & Employment - 9th Circuit Denies Rehearing Leaving Prohibited Self- Dealing Ruling Untouched
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on July 2 denied a 401(k) plan sponsor's petition for rehearing or rehearing en banc, leaving in place its April 23 decision upholding a California federal judge's determination that... Read More
Mealey's Labor & Employment - No New Trial On ERISA Claims Against New York University
NEW YORK - A July 2018 rejection of allegations New York University (NYU) made imprudent investments in a 403(b) employee benefit plan should stand, according to a July 1 ruling by a New York federal judge to whom the case has since been reassigned (Dr... Read More
Mealey's Labor & Employment - 5th Circuit: Intake Questionnaire With State Doesn't Constitute Timely EEOC Filing
NEW ORLEANS - An employee's intake questionnaire filed with a state agency indicating retaliation and bias that was later forwarded to the Equal Employment Opportunity Commission was an insufficient charge of discrimination as it did "not contain... Read More
Mealey's Labor & Employment - 9th Circuit Reinstates Class Suit Against Nike Seeking Wages For Inspections
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on June 28 reversed a summary judgment ruling for Nike Retail Services Inc. in a class suit seeking compensation for exit inspections, ruling that the legal landscape changed with the California... Read More
View related content throughout Mealeys
Blog Post: Pa. Federal Judge Certifies Class Of Drivers Who Say They Are Not Contractors
PHILADELPHIA - Delivery drivers in Pennsylvania for a financial and medical courier company can pursue class action claims that their employer misclassified them as independent contractors rather than employees, a federal judge ruled March 8 in granting in part a motion for class certification (Elizabeth...
on 10 Mar 2012
Blog Post: 401(k) Plan Participant's Fiduciary Duty Claims Are Dismissed By N.Y Federal Judge
NEW YORK - A 401(k) plan participant failed to sufficiently plead that the plan fiduciaries breached their fiduciary duties by imprudently selecting and monitoring the plan funds and by allowing excessive fees and expenses to be charged, a federal judge in New York ruled March 6 in granting the fiduciaries'...
Blog Post: 9th Circuit: Wage Dispute Class Action Belongs In Federal, Not State Court
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 8 reversed a trial court ruling remanding a wage suit filed by a class of truck drivers to state court, finding that the amount in dispute is in excess of $5 million (Brandon Campbell, et al. v. Vitran Express, Inc., No. 12-55052, 9th...
Blog Post: 7th Circuit Reverses Jury Verdict For Employer Based On Unsound Instructions
CHICAGO - The Seventh Circuit U.S. Court of Appeals on March 8 reversed a jury verdict in favor of an employer in a sex bias and retaliation suit, finding that the jury instruction and verdict form, as well as the trial court judge's response to a jury inquiry, were unsound (Deborah Cook v. IPC International...
Blog Post: Federal Judge Orders Parties To Submit More Information In Reimbursement Dispute
NASHVILLE, Tenn. - A Tennessee federal judge on March 9 ordered parties in a health insurance reimbursement dispute to file a joint statement providing additional information regarding the claims at issue and whether the defendant would contest assignments of benefits before she would decide whether...
Blog Post: Police Officer's Complaint Against Her Employer Survives Summary Judgment
ABERDEEN, Miss. - A Mississippi federal judge, citing "conflicting descriptions of a muddled set of facts," on March 8 denied summary judgment to a city on a police officer's claim that she was turned down for a promotion because of her sex (Bethany K. Smith v. City of Tupelo, Mississippi...
Blog Post: N.Y. Federal Judge Dismisses Breach Of ERISA Fiduciary Duty Claim Related To FLSA
NEW YORK - A federal judge in New York on March 7 dismissed with prejudice former and current employees' claims that a health care consortium breached its fiduciary duty under the Employee Retirement Income Security Act by failing to credit their retirement plans for the actual number of hours worked...
Blog Post: Fiduciary Duty Claims Against Former Trustee Are Timely, 3rd Circuit Holds
PHILADELPHIA - A trial court properly ruled that the fraudulent concealment exception to the statute of limitations applied to claims by a profit-sharing plan's current trustees that a former trustee violated his fiduciary duties under the Employee Retirement Income Security Act by fraudulently reporting...
Blog Post: Plan Estopped From Denying Benefits Based On Misrepresentation, Judge Rules
GREEN BAY, Wis. - A life insurance plan governed by the Employee Retirement Income Security Act is estopped from denying benefits because the employer's representative misrepresented that the insured did not need to apply for coverage upon his retirement; however, the insurer was entitled to summary...
Blog Post: Louisiana Federal Judge Dismisses Opt-In Plaintiffs In Wage-And-Hour Complaint
NEW ORLEANS - A Louisiana federal judge on March 13 granted a motion to dismiss more than 300 opt-in plaintiffs in a compensation dispute following a denial of class certification (Lonzo J. Clay, et al. v. Huntington Ingalls, Inc., No. 09-7625, E.D. La.; 2012 U.S. Dist. LEXIS 33195).
Blog Post: New York Federal Judge Dismisses Reimbursement Suit, Allows Amendment
BROOKLYN, N.Y. - A New York federal judge on March 12 dismissed a complaint by chiropractors accusing a health insurance company of denying payments for services rendered as part of a scheme to force members to use in-network providers but said the plaintiffs can amend claims brought under the Employee...
Blog Post: Kentucky Federal Judge Rejects Settlement In Unpaid Bonus Class Suit
PADUCAH, Ky. - A Kentucky federal judge on March 12 denied a motion for approval of a $90,000 settlement in a dispute over unpaid retention bonuses after finding that the interests of all class members were not adequately represented (Kenneth Callender, et al. v. Coastal International Security, Inc....
Blog Post: Maryland Federal Judge Conditionally Certifies Class Of Nursing Home Workers
GREENBELT, Md. - A Maryland federal judge on March 13 conditionally certified a class of nursing home employees in an action alleging unpaid wages, finding that the plaintiffs "have made a modest factual showing that they were victims of a common policy or scheme" in violation of federal law...
Blog Post: Mo. Federal Judge Grants Approval Of Settlement In Coinsurance Class Action
KANSAS CITY, Mo. - A Missouri federal judge on March 13 granted final approval to a $1,470,894.07 settlement, ending a case alleging that a health maintenance organization wrongfully charged both a copayment and a coinsurance amount for the same health care service in violation of state law (Mary Casey...
Blog Post: Alleged Racial Slur Is Evidence Of Discrimination, Missouri Federal Judge Rules
CAPE GIRARDEAU, Mo. - An alleged racial slur by a town official constitutes direct evidence of discrimination against the police chief and establishes a prima facie case for the chief in the lawsuit she filed against the town after she was laid off, a Missouri federal judge held March 12 in denying the...
Blog Post: 1st Circuit Affirms Denial Of USPS Worker's Disability Bias Claims
BOSTON - A U.S. Postal Service (USPS) employee was neither disabled nor perceived as disabled despite the fact that she collected workers' compensation, the First Circuit U.S. Court of Appeals ruled March 14, upholding a district court ruling (Marilyn McDonough v. Patrick R. Donahoe, No. 11-1477...
Blog Post: Massachusetts Federal Judge Sends Unpaid Break Class Action Back To State Court
BOSTON - A Massachusetts federal judge on March 16 remanded a wage-and-hour class action complaint filed by pharmacy employees to state court because the employer failed to show that the amount in controversy exceeds $5 million (David Romulus, et al. v. CVS Pharmacy, Inc., et al., No. 11-11734, D. Mass...
Blog Post: 3rd Circuit Orders Arbitration Of Hospital Worker's Collective Claims
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on March 14 reversed a trial court's denial of a motion to compel arbitration in a wage-and-hour collective action, finding that the district court erred when it found genuine disputes of material fact that might render the arbitration agreement...
Blog Post: 4th Circuit: Denial Of Severance Benefits May Be Adverse Employment Action
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals on March 16 reversed a district court ruling that an alleged discriminatory denial of severance benefits did not constitute an adverse employment action (Karla Gerner v. County of Chesterfield, Virginia, No. 11-1218, 4th Cir.; 2012 U.S. App. LEXIS...
Blog Post: U.S. Supreme Court Rules On Disability Benefits Calculation
WASHINGTON, D.C. - An injured maritime worker's compensation is based on the rate at the time he or she becomes disabled regardless of when a compensation order is issued, a split U.S. Supreme Court ruled March 20 (Dana Roberts v. Sea-Land Services, Inc., et al., No. 10-1399, U.S. Sup.).
Blog Post: U.S. High Court Majority Upholds State's Immunity From Employee's Bias Suit
WASHINGTON, D.C. - A state employee is blocked by sovereign immunity from recovering damages from his state employer for claims of discrimination brought under the self-care provision of the Family and Medical Leave Act (FMLA), a split U.S. Supreme Court ruled March 20, affirming a decision by the Fourth...
Blog Post: Wisconsin Federal Judge: Company Had Proper Reasons For Laying Off 2 Women
MILWAUKEE - While expressing sympathy for two women who were laid off after working for a company for more than 25 years, a Wisconsin federal judge on March 16 granted their former employer summary judgment on the women's claims of age and gender discrimination, finding that the women had failed...
Blog Post: Absences From Work, Not Discrimination, Caused Firing, Ohio Federal Judge Rules
CINCINNATI - A former data entry clerk for a bank was fired for violating the bank's attendance policy, not because she is deaf, an Ohio federal judge found March 19 in granting the bank summary judgment on the woman's disability discrimination claims (Angel Suttles v. U.S. Bank, N.A., No. 1...
Blog Post: 2nd Circuit: Employer Had Too Few Employees For Bias Claims To Proceed
NEW YORK - The Second Circuit U.S. Court of Appeals on March 16 upheld a District Court's rejection of a New York woman's race and age bias claims, finding that her former employer never had the minimum number of employees during the time in question to allow the claims to proceed (Maling Feliciano...
Blog Post: Class Certification Denied For Claims Of California Female Prison Workers
OAKLAND, Calif. - A California federal judge on March 20 denied class certification in a lawsuit filed by 10 female prison employees alleging sex discrimination based on a policy at all California state prisons that condones and accepts inmate exhibitionist (IEX) behavior directed at female staff ( Martha...