Nov 26, 2019
Pennsylvania Supreme Court Rejects Fluctuating Work Week Method The PA Supreme Court ruled that the “Fluctuating
Feinstein Doyle Payne & Kravec represents the retirees, who are former employees of Hoover Co., Maytag Corp. and Whirlpool Corp., who retired between 1980 and 2007.
The retirees were represented by the International Brotherhood of Electrical Workers Local No. 1985. Whirlpool, the defendant in this case, is responsible for providing these retirees with retiree medical benefits.
In May 2011, Whirlpool notified its retirees that it planned to reduce their retiree medical benefits. The changes it proposed would eliminate company-provided supplemental health benefits for Medicare-eligible retirees. In addition, Whirlpool planned to require retirees who were not Medicare-eligible to transition to a different plan and to increase copayments for prescription drug benefits for Medicare-eligible retirees.
In August 2011, the retirees filed a proposed class action challenging Whirlpool’s retiree medical benefit reductions.
Judge Pearson granted the retirees’ motion for class certification in December 2011, certifying four subclasses of retirees:
In her August ruling, Judge Pearson ordered that the claims of Subclasses A, C and D will proceed to trial on November 4, 2013. The Judge also rejected virtually all of Whirlpool Corporation’s arguments.
While the Court dismissed retiree medical benefits claims the firm brought on behalf Subclass B, we are evaluating an appeal of this conclusion.