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ERISA ATTORNEY FEES – 1st Circuit: Court Remand to Claims Administrator “because the record is insufficient for de novo review” is...

You have seen this issue before: The court remands the ERISA-governed long term disability claim for further consideration by the claims administrator because the administrative record was insufficient for de novo review....more

Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

Illinois Supreme Court to Decide Whether State Treasurer Needs an Appeal Bond to Challenge Workers Comp Award

Although Illinois courts are courts of general jurisdiction presumed to have subject matter jurisdiction, this presumption doesn’t apply to workers’ compensation proceedings. Pursuant to Section 19(f)(2) of the Workers’...more

A New Dawn for California Class Actions

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

Wage Hour Claims and Casuto v. Town of Greenwich: The Department of Labor Investigation Is Not The End of The Story

Employers who have been through an investigation by the Connecticut Department of Labor Wage & Workplace Standards Division unfortunately have intimate knowledge of the potential burdens of defending against employee wage...more

Is the Claimant entitled to attorney fees when the government asserts an unreasonable position?

In Tobeler v. Colvin, 2014 DJDAR 4845 (2014), the United States Court of Appeal for the Ninth Circuit overturned the trial court’s decision rejecting a claim for attorney fees. ...more

Labor Commissioner Liens on Real Property

One of the laws that was passed in California in 2013 that did not receive much media attention was Assembly Bill 1386. AB 1386 amended Labor Code section 98.2 to give the Labor Commissioner additional means to collect wages...more

California Courts Continue to Rule in Favor of Arbitration

California Supreme Court reverses rule that first required administrative hearing by state Labor Commissioner before permitting arbitration of wage and hour claims - In 2011, the California Supreme Court in...more

Punitive Damages Not Available Under Cook County Human Rights Ordinance

The Illinois Supreme Court recently held that the Cook County Commission On Human Relations (the “Commission”) acted beyond the scope of its authority when it awarded punitive damages to a prevailing complainant in connection...more

Illinois Supreme Court to Review Jurisdiction of Circuit Courts Over Pension Disputes

In the closing days of its May term, the Illinois Supreme Court allowed petitions for leave to appeal in five new civil cases. Our previews of those cases continue with People ex rel. Madigan v. Burge, a case which poses a...more

Woolworths – Widening the Ambit of Collective Redundancy Consultation

It has been reported that the UK's Employment Appeal Tribunal ("EAT") has overturned an employment tribunal decision denying protective awards to former employees of Woolworths who had worked in stores with fewer than 20...more

Tenth Circuit Issues its First Decision Interpreting SOX: Offers Broad Reading of the Act

On Tuesday, June 4th, the Tenth Circuit Court of Appeals issued its first decision interpreting the Sarbanes Oxley Act’s whistleblower protection provision, affirming a decision by the U.S. Department of Labor’s...more

The ERISA Litigation Newsletter - April 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

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

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

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

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

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

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

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

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

EEOC Sues Fidelity Engineering Corporation for Disability Discrimination and Retaliation

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

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

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

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

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

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

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