Brian Schwartz

Brian Schwartz

Miller Canfield

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ESOP Fiduciaries Are Not Entitled to a Presumption of Prudence

Fiduciaries of employee stock ownership plans (ESOPs) are not entitled to a “presumption of prudence,” the U.S. Supreme Court unanimously ruled in Fifth Third Bancorp v. Dudenhoeffer, released June 25, 2014. The Court...more

6/27/2014 - ERISA ESOP FIfth Third Bancorp v Dudenhoeffer SCOTUS Stock Drop Litigation US Bancorp

U.S. Supreme Court Rules that Sworn Testimony by Employee is Protected by the First Amendment

Providing truthful, sworn testimony outside the course of ordinary job duties is First Amendment speech for the purposes of retaliation lawsuits, the U.S. Supreme Court ruled on June 19, 2004. The ruling prohibits a public...more

6/24/2014 - First Amendment Lane v Franks et.al Protected Activity Public Employees Retaliation SCOTUS Subpoenas Testimony Trials

U.S. Supreme Court Case Could Alter Retiree Health Benefit Landscape

The U.S. Supreme Court has agreed to review a 2013 Sixth Circuit decision that could alter the way collective bargaining agreement provisions covering retiree health benefits are interpreted. In Taketts v. M&G Polymers, the...more

5/9/2014 - Collective Bargaining Employer Group Health Plans Employer Healthcare Costs Essential Health Benefits Healthcare Retirement SCOTUS

Donning/Doffing Protective Clothing is “Changing Clothes” under FLSA, SCOTUS Rules

Putting on and taking off protective clothing is considered “changing clothes” under the Fair Labor Standards Act (FLSA), the U.S. Supreme Court ruled on January 27, 2014. The ruling allows employers and unions to exclude...more

1/29/2014 - FLSA Sandifer v U.S. Steel Corp SCOTUS Unions Workplace Attire

Six-Month Limit on Claims under FLSA, Equal Pay Act Ruled as Invalid Waiver Says Sixth Circuit

Provisions in employment agreements that shorten the statute of limitations period for employees to file claims under the Fair Labor Standards Act (FLSA) and Equal Pay Act (EPA) are invalid, the Sixth Circuit ruled on August...more

8/8/2013 - Employment Contract Equal Pay Act FLSA Liquidated Damages Minimum Wage Over-Time Statute of Limitations Waivers

U.S. Supreme Court Enforces Class Action Arbitration Waivers Despite Claim That Cost of Arbitrating Exceed Potential Recovery

The Federal Arbitration Act (“FAA”) does not permit courts to invalidate a contractual waiver of class arbitration where the costs of pursuing an individual federal statutory claim in arbitration would exceed the potential...more

6/25/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

Department of Labor Delays Deadline for Certain “Obama Care” Notice Requirements

On January 24, 2013, the Department of Labor issued guidance delaying the deadline for employers to provide employees with notice of coverage options available through the health care exchanges....more

1/30/2013 - Affordable Care Act DOL Employer Group Health Plans FLSA Health Insurance Exchanges Notice Requirements

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