Labor & Employment Administrative Agency Business Torts

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DOL Files Complaint Against Plan Fiduciaries for Using 401(k) Contributions and Loan Repayments to Fund Plan Sponsor’s General...

On April 10, 2015, the DOL filed a complaint against Enterworks, Inc., the Enterworks, Incorporated Shared Savings Plan, and two individual fiduciaries of the Savings Plan (the Defendants). In the complaint, the DOL alleges...more

Asset Management Firm Pays $12 Million in Settlement of SEC Conflict of Interest Case

The United States Securities and Exchange Commission (SEC) is showing new vigor in enforcing conflict of interest cases within asset management firms. Earlier this year, an SEC spokeswoman mentioned that the Commission has...more

Disciplinary Proceedings and the Duty of Care

In Coventry University v Mian [2014] EWCA Civ 1275, the Court of Appeal considered whether an employer had breached its duty of care by commencing disciplinary action against an employee on the basis of a preliminary, rather...more

Sharply Divided Illinois Supreme Court Narrows Circuit Court Jurisdiction Over Pension Board Decisions

In its second significant decision on public employee pensions of the morning, the Illinois Supreme Court has reversed the Appellate Court in The People ex rel. Madigan v. Burge. In an opinion by Justice Anne M. Burke, joined...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

Employee Burnout

Sometimes employers can’t see the forest from the trees. This is often the case when it comes to the work environment, including workplace policies, and their impact on employee productivity and retention. In the rush to...more

Employer Liability for Unreported Time

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

NLRB Cases Impact At-Will Employment Agreements

Most employment agreements in California are for at-will employment. This means that the employer can terminate the employee at any time, with or without cause, so long as termination is not for a reason otherwise unlawful...more

Employer Liability for Unreported Time

A recent decision by the Sixth Circuit Court of Appeals held that a nurse’s claim for unpaid wages attributed to working during unpaid meal breaks, did not violate the Fair Labor Standards Act (“FLSA”). White v. Baptist...more

Indiana's Wage Payment and Wage Claims Statutes

This week's article is dedicated to a discussion of the recent Indiana Court of Appeals decision in Fox v. Nichter Construction Co., Inc., in which the court examined the interplay of Indiana's Wage Payment and Wage Claim...more

Plan Administrator “Consultation” with Plan Does Not Create Structural Conflict of Interest

We know that an ERISA plan administrator both administering and funding the plan is operating under a “structural conflict of interest.” This “structural conflict of interest” may lower the deference a trial court will give...more

Governor Signs New Law On Disability Access Complaints

California has been a haven for plaintiffs’ attorneys suing for ADA (American With Disabilities Act) violations because of existing law that provided up to $4000 in statutory damages, along with attorneys fees for every...more

NLRB Cases Impact At-Will Employment Agreements

Most employment agreements in California are for at-will employment. This means that the employer can terminate the employee at any time, with or without cause, so long as termination is not for a reason otherwise unlawful...more

SEC Annual Report on the Dodd-Frank Whistleblower Program

Annual report prepared by the Securities and Exchange Commission's Office of the Whistleblower, detailing efforts to implement the Dodd-Frank mandated whistleblower incentives and protection program over the past twelve...more

October 2012: White Collar Litigation Update

In This Issue: - "Second Circuit Clarifies “Substantial Assistance” Standard for Aiding and Abetting Liability in SEC Enforcement Actions" - "NLRB Prohibits Employers from Requesting that Employees Keep Silent...more

Successful “Firing” Depends on Successful Hiring

The best defense against a wrongful termination claim is good cause. And a California employer would have difficulty quantifying good cause if performance expectations and measurements are not established in advance, ideally...more

Choose wisely in classifying your independent contractors

Is a non-exclusive insurance agent an independent contractor or an employee? Insurance agents and salespeople with the discretion to determine when, how, and whether to sell a company’s products may properly be classified...more

Hiring Long Lasting Employees

Hiring long lasting employees is of great benefit to a business, even these days when workers are especially mobile, often changing jobs and employers on a regular basis. The old paradigm of workers staying with one...more

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

A requirement to wait 30 days before filing lawsuits for construction-related accessibility claims under the Americans with Disabilities Act has been deleted from the latest version of a bill (SB 1186) winding its way through...more

The ERISA Litigation Newsletter - August 2012

In This Issue: - Editor's Overview - The Affordable Care Act and Its Coverage Mandates for Employers: A Potent Recipe for ERISA Class Actions - Rulings, Filings, and Settlements of Interest ...more

Corporate and Financial Weekly Digest -- August 3, 2012

In this issue: - FINRA and ISG Postpone Effective Dates for Enhanced Electronic Blue Sheet Submission - ICE Announces Plans to Transition Swaps to Futures Contracts - CFTC Roundtable to Discuss Customer...more

Internal Investigations: What Should You Tell Witnesses About Government Contacts?

One tricky issue at the beginning of every internal investigation is determining whether the government is investigating the same issue. If the government is conducting its own investigation, tricky issues can come up...more

Qualified Default Investment Alternative Safe Harbor Upheld

Sixth Circuit finds that plan fiduciaries did not breach their duties when participants' investments were transferred to the plan's default fund without their explicit consent....more

ESOP Legal News - June 2012 • Volume 1, Number 3

INSIDE THIS ISSUE: -District court upholds prudence claim, dismisses communications and monitoring claims brought by participants in Community National Bank Corporation Employee Stock Ownership Plan; -Eleventh...more

Retirement Plan Fiduciaries Take Heed: Complying with DOL Regulations Was Not Enough to Avoid a $35 Million Judgment

Recent years have brought many challenges by 401(k) plan participants contesting either the reasonableness of fees charged to them for various administrative and investment-related services or the adequacy of the disclosure...more

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