Michael A. Alaimo

Michael A. Alaimo

Miller Canfield

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DOL Seeks to Cover More Employees with Overtime Protections

After years of anticipation, the U.S. Department of Labor (DOL) released its Notice of Proposed Rule Making on June 30, 2015, revising the overtime exemptions under the Fair Labor Standards Act (FLSA) by targeting salary...more

7/2/2015 - DOL Exempt-Employees FLSA Minimum Salary Non-Exempt Employees NPRM Over-Time Wage and Hour White-Collar Exemptions

SCOTUS: Timeliness of Fiduciary Breach Claim May Depend on Alleged Failure to Monitor Selection of Investment Options

On May 18, 2015, the U.S. Supreme Court unanimously concluded that the timeliness of an Employee Retirement Income Security Act (ERISA) breach of fiduciary claim regarding the selection of investments in a 401(k) plan is not...more

5/19/2015 - 401k Benefit Plan Sponsors Breach of Duty ERISA Fiduciary Duty Retirement Plan SCOTUS Statute of Limitations Tibble v Edison Int

SCOTUS: Federal Agencies Can Change Interpretive Rules Without Formal Process

Federal agencies are not required to follow formal notice-and-comment rulemaking when making significant changes to interpretive rules, according to a unanimous U.S. Supreme Court. In Perez v. Mortgage Bankers Association,...more

3/11/2015 - Administrative Procedure Act DOL FLSA Mortgage Loan Originators Notice and Comment Paralyzed Veterans Doctrine Perez v Mortage Bankers Assoc Rulemaking Process SCOTUS Statutory Interpretation

U.S. Supreme Court Rebukes Reliance on Yard-Man In Retiree Health Benefit Dispute

The U.S. Supreme Court ruled that the Sixth Circuit’s reliance on retiree-friendly inferences set forth in UAW v. Yard-Man are incompatible with ordinary principles of contract interpretation and should not be used when...more

1/27/2015 - CBAs Collective Bargaining Contract Interpretation Employee Benefits Former Employee Health Insurance M&G Polymers v Tackett Retirement SCOTUS Vested Benefits

Employee Time Spent During Security Screenings Is Not Compensable

Employees are not entitled to pay for time spent during security screenings at the end of the workday, a unanimous U.S. Supreme Court ruled on December 9, 2014. In Integrity Staffing Solutions v. Busk, two employees who...more

12/10/2014 - FLSA Integrity Staffing v Busk SCOTUS Security Checks Wage and Hour

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 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

FLSA Overtime Rule Changes Likely: What Would They Mean For Employers?

New overtime rules likely to be issued by the Obama Administration would make more executive or managerial employees eligible for overtime pay under FLSA. Under the current federal rules, executive or managerial...more

3/24/2014 - DOL FLSA Over-Time Unpaid Overtime Wage and Hour White-Collar Exemptions

Employer Not Liable for Employee's Failure to Report Unpaid Time

Following prior decisions of the Eighth and Ninth Circuit Courts of Appeals, in White v Baptist Memorial Health Care Corp., the Sixth Circuit Court of Appeals rejected claims brought by a former nurse seeking unpaid wages for...more

11/13/2012

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