Civil Remedies, Labor & Employment Law, Administrative Law

The ERISA Litigation Newsletter - April 2013

by Stacey Cerrone, Amy Covert, Russell Hirschhorn, Robert Rachal, Myron Rumeld, Howard Shapiro | Proskauer Rose LLP on 4/12/2013

Editor's Overview - The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must...more

Subrogation Claims are “Equitable Relief” Governed by ERISA

by D. Michael Reilly | Lane Powell PC - ERISA Law on 3/26/2013

That subrogation claim you have might be governed by ERISA, at least in some circuits… Here’s the case of Thurber v. Aetna Life Insurance Company, __F.3d__ (2nd Cir. March 13, 2013) (Insurer’s counterclaim for return...more

Indiana Supreme Court Holds: Day Laborer(s) Can Bring Wage Payment Case if Expectation of Future Employment Exists

by Pavlack Law, LLC on 3/15/2013

This week we examine the Indiana Supreme Court decision Walczak v. Labor Works-Fort Wayne LLC, which held that day laborers could bring claims under the Indiana Wage Payment Act unless they do not have a realistic expectation...more

Biting 7th Circuit (Posner) Decision Reverses Denial of Social Security Disability Benefits

by Pavlack Law, LLC on 1/18/2013

This week's article focuses upon the value of Judge Richard Posner's often extremely critical and glib approach to drafting opinions through the case Hughes v. Astrue. The Hughes case saw an Administrative Law Judge for the...more

IRS "Fresh Start Program" Offers More Taxpayers Greater Opportunity to Resolve IRS Debts

by Mary Beth Lee | Duane Morris LLP on 1/16/2013

If you currently owe back income and/or payroll taxes, the Internal Revenue Service's (IRS) recently initiated "Fresh Start Program" may now make either (1) the installment agreement or (2) an Offer in Compromise (OIC) a more...more

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

by Linda Auerbach Allderdice | Holland & Knight LLP on 1/15/2013

The California Supreme Court recently issued its decision in Ralphs Grocery Company v. United Food and Commercial Workers Union Local 8. Although the ruling resolved a long-standing dispute between a supermarket owner and the...more

Malfunctioning Dump Truck Instantly Kills Alabama Worker

by Johnston, Moore & Thompson, Huntsville... on 1/14/2013

A horrific New Year's Eve workplace accident has left one family in east Alabama completely devastated following the death of their loved one. The Occupational Safety and Health Administration will likely lead an...more

California Employment Law Notes - January 2013

by Harold Brody, Enzo Der Boghossian, Anthony Oncidi, Kenneth Sulzer, Mark Theodore | Proskauer Rose LLP on 1/14/2013

In This Issue: - $1.347 Million Award To Former General Counsel For Breach Of Implied Contract Is Upheld - Faigin v. Signature Group Holdings, Inc., 211 Cal. App. 4th 726 (2012) - $114,000 Pregnancy...more

Patton Boggs Insights - December 2012: Enforcement: $950,000 Settlement In Crandall Canyon Mine Accident

by Patton Boggs LLP on 1/11/2013

The Crandall Canyon Utah coal mine operator agreed to pay $949,351 to settle civil penalties MSHA levied following an accident in 2007 that took the lives of . six miners, followed by the deaths of three additional personnel,...more

Unions May Now Picket On Private Property In California

by Melissa Gonzalez Boyce | XpertHR - Partnered with LexisNexis on 1/11/2013

In a blow to retail businesses in California, the California Supreme Court has held that labor unions have the right to picket in front of privately owned store entrances. In Ralphs Grocery Company v. United Food and...more

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

by U.S. Equal Employment Opportunity Commission... on 1/11/2013

HVAC Company Fired Employee Because of Heart Condition and Refused to Rehire Him After He Filed a Discrimination Charge, Federal Agency Said - BALTIMORE - A leading provider of mechanical heating, ventilation and air...more

Carrols Corp. To Pay $2.5 Million to Settle EEOC Sexual Harassment and Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/11/2013

89 Women To Benefit From Settlement With World's Largest Burger King Franchisee - NEW YORK - Carrols Corporation, the world's largest Burger King franchisee, will pay $2.5 million and take significant remedial steps to...more

Employers Should Be Careful Not To Engage In 'Reverse' Discrimination

by Beth P. Zoller | XpertHR - Partnered with LexisNexis on 1/11/2013

Recent federal settlements in reverse discrimination cases confirm that antidiscrimination laws prohibit illegal discrimination of any kind that is based on a victim's membership in a protected class (sex, race, religion,...more

ABC Cake Shop & Bakery in Albuquerque Settles EEOC Sexual Harassment Suit for $220,000

by U.S. Equal Employment Opportunity Commission... on 1/10/2013

Owner Harassed Numerous Female Workers, Including Teens, and Forced Some Women to Quit, Federal Agency Charged - ALBUQUERQUE, N.M. - The ABC Cake Shop & Bakery in Albuquerque, which is owned and operated by Early Bird...more

EEOC Settles Fourth Disability Discrimination Claim Of The New Year

by Melissa Burdorf | XpertHR - Partnered with LexisNexis on 1/9/2013

J.A. Thomas & Associates, a medical consulting business, has agreed to pay $350,000 to resolve a disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC). This is the fourth EEOC...more

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/9/2013

Deaf Prep Cook at National Harbor Restaurant Demoted, Harassed, Retaliated Against and Fired, Federal Agency Charged - BALTIMORE - McCormick & Schmick's Seafood Restaurant, Inc. will pay $47,814 and provide other...more

Emmert International to Pay $180,000 to Settle EEOC Race Harassment and Retaliation Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

Heavy Haul Transportation Company Allowed Environment of Racial Abuse and Retaliated Against Employee for Complaining, Federal Agency Charged - PHOENIX - Emmert International agreed to settle an employment...more

J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

Health Care Consulting Firm Refused to Rehire Bilateral Amputee, Federal Agency Charged - DETROIT-The U.S. Equal Employment Opportunity Commission (EEOC) announced today that it has resolved its suit against J.A....more

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/8/2013

College Pays $125,000 to 64-Year-Old Applicant - NEW YORK - Marymount Manhattan College has settled a lawsuit filed by EEOC alleging that it refused to hire a choreography instructor for a tenure-track assistant...more

Dayton Superior Corporation to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

by U.S. Equal Employment Opportunity Commission... on 1/7/2013

Federal Agency Charged Company Fired Employee Because of Her Bipolar Disorder - ATLANTA - Dayton Superior Corporation, a nationwide provider of concrete and masonry construction products, will pay $50,000 to settle a...more

Fox Den Apartments to Pay $37,000 to Settle EEOC Disability Suit

by U.S. Equal Employment Opportunity Commission... on 1/7/2013

Property Manager Was Terminated After Heart Attack, Federal Agency Charged - ATLANTA -Oxford Glenn Of Wrightsboro, LLC, Stansberry and Company LLC, and Stansberry Management, LLC, d/b/a Fox Den Apartments will pay...more

Patton Boggs Insights - December 2012: Enforcement: Combustible Dust Global OSHA Settlement

by Patton Boggs LLP on 1/5/2013

Carpet manufacturer Mohawk Industries, Inc. will implement procedures to prevent combustible dust explosions under a settlement agreement with OSHA. The agency cited Mohawk in June 2011 for six alleged violations at the...more

Company Director Jailed For Ontario Employment Standards Violations

by Blair McCreadie | Dentons on 1/4/2013

A director of six Ontario companies has been sentenced to 90 days in jail after those companies systematically ignored orders to pay wages issued by the Ontario Ministry of Labour. The Ontario Employment Standards Act, 2000...more

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

by Thomas Curtin, Douglas Mintz | Cadwalader - Financial Restructuring on 1/3/2013

In a ruling predicted by the Restructuring Review Blog last month, Judge Meredith A. Jury of the U.S. Bankruptcy Court for the Central District of California rejected arguments by CalPERS that the Bankruptcy Court should lift...more

Patton Boggs Insights - December 2012: Enforcement: Firms Pay Up In Whistleblower Cases

by Patton Boggs LLP on 12/31/2012

Three employers who fired employees after they filed complaints with OSHA have been ordered to reinstate the workers and pay back wages and damages. A pilot will be reinstated and paid more than $500,000 after investigators...more

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Civil Remedies › Labor & Employment Law › Administrative Law

The ERISA Litigation Newsletter - April 2013

Subrogation Claims are “Equitable Relief” Governed by ERISA

Indiana Supreme Court Holds: Day Laborer(s) Can Bring Wage Payment Case if Expectation of Future Employment Exists

Biting 7th Circuit (Posner) Decision Reverses Denial of Social Security Disability Benefits

IRS "Fresh Start Program" Offers More Taxpayers Greater Opportunity to Resolve IRS Debts

California High Court Issues Important Ruling on Labor Speech Rights of Unions on Private Property

Malfunctioning Dump Truck Instantly Kills Alabama Worker

California Employment Law Notes - January 2013

Patton Boggs Insights - December 2012: Enforcement: $950,000 Settlement In Crandall Canyon Mine Accident

Unions May Now Picket On Private Property In California

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

Carrols Corp. To Pay $2.5 Million to Settle EEOC Sexual Harassment and Retaliation Lawsuit

Employers Should Be Careful Not To Engage In 'Reverse' Discrimination

ABC Cake Shop & Bakery in Albuquerque Settles EEOC Sexual Harassment Suit for $220,000

EEOC Settles Fourth Disability Discrimination Claim Of The New Year

McCormick & Schmick’s to Pay $47,814 to Settle EEOC Disability Discrimination Lawsuit

Emmert International to Pay $180,000 to Settle EEOC Race Harassment and Retaliation Lawsuit

J.A. Thomas & Assoc. Agrees to Pay $350,000 to Settle EEOC Disability Discrimination Suit

Marymount Manhattan College Settles EEOC Age Discrimination Lawsuit

Dayton Superior Corporation to Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Fox Den Apartments to Pay $37,000 to Settle EEOC Disability Suit

Patton Boggs Insights - December 2012: Enforcement: Combustible Dust Global OSHA Settlement

Company Director Jailed For Ontario Employment Standards Violations

UPDATE: Court Rejects CalPERS’ Efforts to Lift Stay In San Bernardino Case

Patton Boggs Insights - December 2012: Enforcement: Firms Pay Up In Whistleblower Cases

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