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Vaught v. Scottsdale Healthcare Corp. Health Plan
In ERISA case, claimant seeking relief from denial of benefits is not precluded from raising new theory to district court.
Employment Law Sep. 30, 2008
Poore v. Simpson Paper Company
Early retirees lack standing under ERISA where collective bargaining agreements reserved right to alter benefits for employer.
Employment Law Sep. 23, 2008
Burke v. Pitney Bowes Inc. Long-Term Disability Plan
Structural conflict of interest can be demonstrated where disability plan administrator also funded plan.
Employment Law Sep. 22, 2008
Vaughn v. Bay Environmental Management Inc.
Former employee who received full distribution of account balance under defined contribution plan has standing to file suit as participant under ERISA.
Employment Law Sep. 22, 2008
Pannebecker v. Liberty Life Assurance Company of Boston
Disability benefits must be reinstated where administrator's initial denial is based on improper application of plan's terms.
Employment Law Sep. 19, 2008
Wicker v. State of Oregon
1978 consent decree banning sex discrimination in calculation of refund annuity benefits did not permanently lock rates on date of decree.
Employment Law Sep. 18, 2008
Varisco v. Gateway Science and Engineering Inc.
Clause in parties' letter agreement allowing either party to terminate at will did not transform independent contractor into employee.
Employment Law Sep. 16, 2008
Nadaf-Rahrov v. Neiman Marcus Group Inc.
Employee shows ability to perform essential job functions for purposes of disability discrimination claim.
Employment Law Sep. 12, 2008
Equal Employment Opportunity Commission v. Federal Express Corp.
Equal Employment Opportunity Commission has subpoena power pursuant to its authority to investigate following issuance of right-to-sue letter.
Employment Law Sep. 11, 2008
Townsend v. University of Alaska
Under Uniformed Services Employment and Reemployment Rights Act of 1994, federal court lacks jurisdiction to hear action brought by individual against state.
Employment Law Sep. 8, 2008
Dobos v. Voluntary Plan Administrators Inc.
County employee must satisfy six-month employment qualifying period to be eligible for disability payments.
Employment Law Sep. 4, 2008
Whitman v. Mineta
ADEA permits employee's retaliation claim against Federal Aviation Administration.
Employment Law Sep. 3, 2008
Avila v. Continental Airlines Inc.
In California Family Rights Act case, plaintiff's submission of medical excuse forms to employer could constitute request for leave.
Employment Law Sep. 2, 2008
Pearson Dental Supplies Inc. v. Superior Court (Turcios)
Trial court errs in finding employment agreement's one-year arbital limitation period violated unwaivable rights under California Fair Employment and Housing Act.
Employment Law Aug. 25, 2008
Hurlic v. Southern California Gas Company
Plaintiffs' claims based on Employee Retirement Income Security Act of 1974 are properly dismissed.
Employment Law Aug. 21, 2008
Los Angeles County Professional Peace Officers' Association v. County of Los Angeles
Policy violates Labor Code Section 4850 where injured deputies are treated differently with respect to payment for accumulated vacation hours that transfer to pensions.
Employment Law Aug. 19, 2008
Avila v. Continental Airlines Inc.
In California Family Rights Act case, plaintiff's submission of medical excuse forms to employer could constitute request for leave.
Employment Law Aug. 13, 2008
Mamou v. Trendwest Resorts Inc.
Summary judgment is improper where triable issues exist as to whether immediate or remote supervisors dismissed employee based on discriminatory motives.
Employment Law Aug. 4, 2008
Miklosy v. The Regents of the University of California
Under Whistleblower Act, action for damages is precluded where university timely decided retaliation complaint.
Employment Law Aug. 1, 2008
Johnson v. Riverside Healthcare System
Physician who alleges he was subjected to hostile work environment because of race states claim under 42 U.S.C. Section 1981.
Employment Law Jul. 29, 2008
Los Angeles County Professional Peace Officers' Association v. County of Los Angeles
Policy violates Labor Code Section 4850 where injured deputies are treated differently with respect to payment for accumulated vacation hours that transfer to pensions.
Employment Law Jul. 24, 2008
Tommasetti v. Astrue
District court properly concludes that substantial evidence supports denial of disability benefits.
Employment Law Jul. 18, 2008
Jones v. Regents of the University of California
Confidentiality requirement in optional form to file administrative complaint of whistleblower retaliation does not violate plaintiff's free speech rights.
Employment Law Jul. 16, 2008
Curcini v. County of Alameda
Labor Code sections do not apply to defendant charter county where plaintiffs raise claims involving employee compensation.
Employment Law Jul. 3, 2008
Sgro v. Danone Waters of North America Inc.
Court properly dismisses employee's claim that employer and MetLife violated ERISA's regulation on 'claims procedures.'
Employment Law Jul. 3, 2008
Farrell v. Tri-County Metropolitan Transportation District of Oregon
Damages are properly awarded where lost wages resulted from violation of Family Medical Leave Act.
Employment Law Jun. 30, 2008
Kentucky Retirement Systems v. Equal Employment Opportunity Commission
Kentucky system does not discriminate against workers who become disabled after becoming eligible for retirement based on age.
Employment Law Jun. 20, 2008
Meacham v. Knolls Atomic Power Laboratory
Employer must bear burden of persuasion when defending claim with 'reasonable factors other than age' defense under Age Discrimination Employment Act.
Employment Law Jun. 20, 2008
Metropolitan Life Insurance Co. v. Glenn
MetLife's denial of employee permanent disability benefits is improper due to potential conflict of interest.
Employment Law Jun. 20, 2008
Ryan v. Commissioner of Social Security
Substantial evidence does not support administrative law judge's denial of disability benefits.
Employment Law Jun. 19, 2008