Supreme Court Denies Review in Six Labor, Employment Cases Nov. 3, 2014
Source: Bloomberg
Following are summaries of the six labor and employment law cases denied Supreme Court review Nov. 3, 2014.
14-308 Hall v. Merit Sys. Prot. Bd.
Ruling below (Fed. Cir., 560 Fed. App’x 979, 2014 BL 87402, unpublished):
The petitioner failed to demonstrate that the Merit Systems Protection Board abused its discretion or acted arbitrarily or capriciously in dismissing her refiled appeal. Given a delay or more than six years in her refiling and the lack of evidence of good cause to justify that delay, the board's decision to dismiss as untimely is affirmed. The board receives “wide latitude” under arbitrary and capricious review, and “t is not for the Federal Circuit to substitute its own judgment for that of the Board” (Hall v. Merit Sys. Prot. Bd., U.S., No. 14-308, cert. denied 11/3/14).
14-7 Baltimore Cnty. v. EEOC
Ruling below (4th Cir., 747 F.3d 267, 122 FEP Cases 538):
The district court did not err in granting partial summary judgment in favor of the EEOC on the issue of the county's liability for maintaining a retirement plan in violation of the Age Discrimination in Employment Act. Even if the service-based pension benefits qualified as an “early retirement benefit” under the ADEA, the provision was not a defense to the challenged disparate treatment. The provision did not address employee contribution rates nor did it permit employers to impose contribution rates that increased with the employee's age at the time of plan enrollment. Therefore, the safe harbor provision was inapplicable. The case is remanded for further proceedings to address the issue of damages (Baltimore Cnty. v. EEOC, U.S., No. 14-7, cert. denied 11/3/14).
FULL story at link.
Read more: http://www.bna.com/supreme-court-denies-n17179910904/
Tuesday, November 4, 2014 from Daily Labor Report®
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