Labor & Employment Law, Administrative Law, Business Torts

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

Employee Burnout

by Robert Freedman - Partner at Tharpe & Howell,... on 1/1/2013

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

by Robert Freedman - Partner at Tharpe & Howell,... on 12/28/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 12/7/2012

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

by Peter Bauman - Senior Associate at Tharpe &... on 12/5/2012

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

by Pavlack Law, LLC on 11/23/2012

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

by D. Michael Reilly | Lane Powell PC - ERISA Law on 11/21/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 11/20/2012

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

by Peter Bauman - Senior Associate at Tharpe &... on 11/5/2012

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

by JD Supra Law News on 11/1/2012

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

by Quinn Emanuel Urquhart & Sullivan, LLP on 10/18/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 10/15/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 9/26/2012

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

7th Circuit Finds Informal Complaint Is Basis for ERISA Retaliation Claim

by XpertHR - Partnered with LexisNexis on 9/13/2012

A federal appeals court has held that employees who make informal complaints to management regarding deposits into their retirement accounts are covered under the antiretaliation provisions of the Employee Retirement Income...more

Hiring Long Lasting Employees

by Peter Bauman - Senior Associate at Tharpe &... on 9/5/2012

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

by Robert Freedman - Partner at Tharpe & Howell,... on 9/1/2012

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

by Proskauer Rose LLP on 8/21/2012

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

by Katten Muchin Rosenman LLP on 8/6/2012

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?

by Michael Volkov on 8/3/2012

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

by Morgan Lewis on 7/30/2012

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

by Dickinson Wright on 6/12/2012

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

by Littler on 4/25/2012

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

Senate Passes House-Amended Insider Trading Legislation

by Patton Boggs LLP on 3/27/2012

On Thursday, March 22, the Senate cleared the House version of the Stop Trading on Congressional Knowledge Act (STOCK Act) by unanimous consent. The legislation will now head to the President’s desk to be signed into law. The...more

The ERISA Litigation Newsletter -- February 2012

by Proskauer Rose LLP on 2/20/2012

IN THIS ISSUE: - Editor's Overview - Proof of Imprudence, Causation, and Damages in Fiduciary Breach Claims Involving Plan Investments[1] - The Slow Erosion of the Judicial Doctrine of Administrative...more

New Year's Resolution: Does Your Fiduciary Liability Insurance Need a Check-Up?

by Orrick, Herrington & Sutcliffe LLP on 1/9/2012

The role of a fiduciary to an employee benefit plan regulated under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") has become more precarious in recent years. Litigation against plan fiduciaries is...more

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Labor & Employment Law › Administrative Law › Business Torts

The ERISA Litigation Newsletter - April 2013

Employee Burnout

Employer Liability for Unreported Time

NLRB Cases Impact At-Will Employment Agreements

Employer Liability for Unreported Time

Indiana's Wage Payment and Wage Claims Statutes

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

Governor Signs New Law On Disability Access Complaints

NLRB Cases Impact At-Will Employment Agreements

SEC Annual Report on the Dodd-Frank Whistleblower Program

October 2012: White Collar Litigation Update

Successful “Firing” Depends on Successful Hiring

Choose wisely in classifying your independent contractors

7th Circuit Finds Informal Complaint Is Basis for ERISA Retaliation Claim

Hiring Long Lasting Employees

Waiting Period Deleted From Bill Aimed At Predatory ADA Litigation Practices

The ERISA Litigation Newsletter - August 2012

Corporate and Financial Weekly Digest -- August 3, 2012

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

Qualified Default Investment Alternative Safe Harbor Upheld

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

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

Senate Passes House-Amended Insider Trading Legislation

The ERISA Litigation Newsletter -- February 2012

New Year's Resolution: Does Your Fiduciary Liability Insurance Need a Check-Up?

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