The Pennsylvania Supreme Court reversed the Commonwealth Court, holding that a build-to-suit lease for a State Police headquarters constitutes "public work" under the Prevailing Wage Act because public funds paid for at least part of the...
PSP NE, LLC v. PWAB; Appeal of: BLLC
The EEOC charged a construction services company with violating federal law by allowing anti-American slurs and harassment of U.S. workers at a New Mexico jobsite and retaliating against an employee who complained.
EEOC Sues Advanced Technology Group, Inc. for National Origin Discrimination and Retaliation
A federal court in Oklahoma denied Robinson Aviation's motion to compel arbitration in a collective action, ruling the union contract does not clearly waive the air traffic controllers' right to sue for overtime pay violations.
Singles et al v. Robinson Aviation LLC
A North Carolina veteran and federal employee argued that the bankruptcy means test shielded his plan from good-faith review — and a unanimous appeals panel held that the Code does not work that way.
Bobby Goddard v. Michael Burnett
A private vocational school argued that a one-year clock barred the state from clawing back years of overbilling — but the court held that clock was never ticking.
Office Careers, V State Labor & Industries
Rhino Energy, LLC v. DOWCP
A federal judge granted summary judgment to a secured lender in a class action over the abrupt shutdown of a struggling textbook distributor, but left open whether the company's parent entity can be held liable for failing to provide 60...
DeGroot v. Nebraska Book Company, Inc. et al
A federal judge in the Western District of Michigan has allowed a putative class action against Meijer, Inc. to proceed on claims that the grocery chain’s tobacco surcharge program violated ERISA notice requirements, while rejecting...
Trout v. Meijer, Inc.
The Second Circuit held that regular-interest certificates in real estate mortgage investment conduits are equity interests that trigger ERISA fiduciary duties, while indenture notes are not.
Powell v. Ocwen Fin. Corp.
The Fourth Circuit affirmed summary judgment for Merrill Lynch, holding that its WealthChoice Award program is a bonus plan exempt from ERISA coverage rather than an employee pension benefit plan.
Kelly Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
A published Fourth Circuit decision holds that Merrill Lynch's WealthChoice Award program — a deferred cash bonus paid to select high-performing financial advisors after eight years of continued employment — is a bonus plan exempt from...
Kelly Milligan v. Merrill Lynch, Pierce, Fenner & Smith, Inc.
The Delaware Supreme Court reversed the Court of Chancery and held that ERISA does not bar former fund fiduciaries from receiving advancement of legal expenses when defending state-law claims in state court. The court ruled that...
The D.C. Circuit held that a truck maintenance facility located about a mile from an active coal mine constitutes a "mine" under the Federal Mine Safety and Health Amendments Act of 1977, affirming Mine Safety and Health Administration...
Secretary of Labor v. KC Transport, Inc.
A federal judge in Maryland dismissed an occupational therapist’s lawsuit over a denied raise during maternity leave, ruling that employers may defer conditional pay increases until an employee returns from Family and Medical Leave Act...
Stimac v. MedStar Health Inc.
A federal judge ruled that a former Medtronic employee failed to show her debilitating fatigue and cognitive dysfunction were caused by her physical conditions rather than her mental health diagnoses, ending her bid for long-term...
King v. Reliance Standard Life Insurance Company