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Plaintiff not entitled to attorney fees even though insurer violated ERISA  

Published: March 18, 2010
Tags: attorney fees, disability benefits, ERISA

Even though an insurer wrongly denied disability benefits under ERISA, the insured was not entitled to attorney fees because the insurer did not act in bad faith, the 5th Circuit has ruled.

Seminarian’s wage suit precluded by First Amendment 

Published: March 18, 2010
Tags: First Amendment, ministerial exception, overtime, wage and hour

A seminarian’s claim for overtime wages is barred by the Free Exercise clause of the First Amendment because he was a “minister” for purposes of the ministerial exception, the 9th Circuit has ruled.

Law firm faces suit for misclassifying employees 

By Correy E. Stephenson - Published: March 17, 2010
Tags: fair labor standards act, overtime, wage and hour

Karla Osolin had worked as a legal secretary for the international firm Jones Day before moving to Turocy & Watson LLP, a boutique intellectual property firm in Cleveland, Ohio.

When she realized wasn’t being paid overtime, she sued the firm.

Mayor entitled to qualified immunity in employment suit 

Published: March 17, 2010
Tags: civil rights, qualified immunity

A town mayor was entitled to qualified immunity in a suit brought by a former employee he had fired, the 2nd Circuit has ruled in reversing a U.S. District Court.

State bill would ban credit check by employers 

Published: March 17, 2010
Tags: credit check

The Oregon senate has passed a bill that would prohibit employers from screening the credit history of an employee or job applicant and provide civil relief for violations.

Jury awards $3M to hotel worker for retaliation

By Kimberly Atkins - Published: March 16, 2010
Tags: racial discrimination, retaliation, Verdicts and Settlements

A hotel worker who claimed he suffered retaliation after complaining of racial and ethnic discrimination has been awarded $3 million by a federal jury in New York.

Reduced benefits for Mexican family constitutional 

Published: March 12, 2010
Tags: nonresident aliens, Workers’ Compensation

A state law requiring a reduction in benefits for nonresident aliens is constitutional, the Iowa Supreme Court has ruled.

Wal-Mart to pay $12M in discrimination suit  

Published: March 12, 2010
Tags: sex discrimination, Wal-Mart

Wal-Mart Stores will pay nearly $12 million and change its hiring practices to settle a sex-discrimination suit over hiring at a Kentucky warehouse.

Arkansas city council settles ex-officer’s suit  

Published: March 12, 2010
Tags: Arkansas, police officer, racial discrimination

The City Council in
Pine Bluffs, Ark.
has agreed to a $500,000 settlement of a former police officer’s racial
discrimination lawsuit and will reinstate him.

ERISA plan could use federal job description 

Published: March 12, 2010
Tags: disability benefits, ERISA

An ERISA plan could use a federal job description for a plaintiff’s occupation - rather than his actual job description - in deciding whether he was eligible for long-term disability benefits, the 8th Circuit has ruled in affirming judgment.