Nov 26, 2019
Pennsylvania Supreme Court Rejects Fluctuating Work Week Method The PA Supreme Court ruled that the “Fluctuating
This class action, pending in the United States District Court for the Middle District of Pennsylvania, was brought by plaintiffs who alleged violations of their right to receive retiree health benefits.
Plaintiffs brought their claims pursuant to the Employee Retirement Income Security Act of 1974 (ERISA) and the Labor Management Relations Act (LMRA). The retirees had worked at a manufacturing plant in York, Pennsylvania. Their employer had imposed a $50,000 cap on retiree health benefits. Those retiree health benefits had been promised to the retirees until their deaths by labor agreements that were created through collective bargaining between their employer and their union.
In her decision, Judge Sylvia H. Rambo of the U.S. District Court for the Middle District of Pennsylvania refused to dismiss the primary claims brought by the retirees against their former employer.
The case will now proceed to discovery.
Judge Rambo’s Memorandum Opinion may be reviewed here: Memorandum Opinion of Judge Rambo