Tag Archives: “Sixth Circuit”

Sixth Circuit Reverses FLSA Holding on Church Volunteers

By Greg Mersol on April 30, 2018 Posted in Uncategorized

Ernest Angley is an evangelist and purported faith healer who operates a large church in Akron known as Grace Cathedral. It would be difficult to parody him, as his appearance, mannerisms and method of faith healing are already almost over the top. He has his own TV show (and network), and you can find lots … Continue Reading

Sixth Circuit District Courts Dismiss Retiree Benefits Claims

By Greg Mersol on December 21, 2016 Posted in Benefits

Less than two years ago, the United States Supreme Court overruled 32 years of Sixth Circuit authority that had the practical effect of shackling unionized employers to retiree health insurance benefits far beyond the time they had intended. UAW v. Yard-Man, Inc., 716 F.2d 1476 (6th Cir. 1983). By requiring inferences in favor of retirees, … Continue Reading

Sixth Circuit Refuses to Uphold Collective Action Waiver Absent Arbitration

By Greg Mersol on August 11, 2014 Posted in Arbitration, Collective Action, Retail

My working title for this blog was “collective action grab bag,” concerning the recent Sixth Circuit case in Killion v. KeHE Distributors, LLC, Case Nos. 12-3357/4340 (6th Cir. July 31, 2014). I went with the title that seemed to be of interest to most practitioners, but the case actually touched on several issues, one of … Continue Reading

Sixth Circuit Permits “Reasonable” Changes To Welfare Benefits Under Yard-Man

By Greg Mersol on September 17, 2012 Posted in ERISA

In 46 states within the U.S., a collective bargaining agreement, and the obligations it contains, expires on its expiration date. Thus, the parties must come to agreement as to the new terms at relatively regular intervals, taking into account market forces, changes in their relative bargaining positions, and their respective interests. However, in 1983, the … Continue Reading