Read Labor & Employment Law updates, alerts, news, and legal analysis from leading lawyers and law firms:
Yahoo’s New Parental Leave Policy Raises Some Interesting FMLA Questions
Ann Curry’s Departure from the Today Show Presents a Number of Lessons for Employers
Businessweek Reporter: BigLaw Is "Crash Landing"
[Legal Perspective] When Is It NOT Okay to Delete Your Social Media Account?
D.C. Court Wreaks Havoc on NLRB Pro-Worker Cases
Can You Be Fired for a Tattoo?
President Obama Appoints Three Members to NLRB, but Will They Be Confirmed?
Social Media Law Report - Who Owns Your LinkedIn Account, FTC Guidance on Social Ads, More...
Your Employer Doesn’t Own Your LinkedIn Account, and They Shouldn’t Try To
What You Need to Know About New Secretary of Labor Thomas Perez
Study Reveals Alarming Statistics On Theft and Employee Misuse of Company Data
As Expected, Noel Canning v. NLRB Headed to the Supreme Court
Marijuana in the Workplace
5 Risks of Telecommuting (And How Employers Should Handle Them)
Two Key Elements Every Social Media Policy Should Include
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
As Supreme Court Defines “Clothes,” Biggest Impact Will Be on Judiciary’s Deference to DOL
How to Handle Illegal Interview Questions
Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More
Do 'Love Contracts' Ease the Risks of Office Relationships?
A taxpayer we will call John worked for a savings bank in New York that was acquired by Washington Mutual Bank. John participated in the New York bank’s supplemental executive retirement plan (SERP) and its deferred...more
As many as 90% of pension plans and pension plan sponsors may soon have fewer “reportable events” to track and report to the Pension Benefit Guaranty Corporation (the “PBGC”), if certain proposed changes to the PBGC...more
In Sun Capital Partners III, LP v. New England Teamsters and Trucking Industry Pension Fund, 2012 WL 5197117 (D. Mass. Oct. 18, 2012), a federal district court in Massachusetts concluded that a private equity fund was not a...more
New rules signal relief for financially sound plans and plan sponsors and are consistent with PBGC's section 4062(e) enforcement policy for "plant shutdown" liability....more
The Pension Benefit Guaranty Corporation (PBGC) has proposed regulatory safe harbors waiving the obligation of financially sound defined benefit pension plans and the companies that maintain them from the duty to report...more
A recent decision out of the Bankruptcy Court for the Northern District of New York has brought greater certainty to the interpretation of what qualifies as an “interest” when determining the scope of a Section 363(f) “free...more
In a recent decision, the Bankruptcy Court for the Northern District of New York broadly interpreted the meaning of “interest” in the context of determining the scope of a sale free and clear of “liens,...more
On February 1, 2013, the Supreme Court of Canada released its much anticipated decision in Sun Indalex Finance, LLC v. United Steelworkers, a case which pitted the claims of pensioners against those of secured creditors in...more
On February 1, 2013, the Supreme Court of Canada (SCC) released its much-awaited decision in the Indalex case. While the central issue in Indalex was the priority of wind-up deficiencies in defined benefit pension plans...more
The Supreme Court of Canada (“SCC”) recently released its much-anticipated decision in the Indalex Limited (“Indalex”) proceedings under the Companies’ Creditors Arrangement Act (the “CCAA Proceedings”). The decision is...more
On February 1, 2013, the Supreme Court of Canada (the “SCC”) affirmed the priority granted to Debtor-In-Possession (“DIP”) lenders who provide capital to debtor companies undergoing the restructuring process...more
The Supreme Court of Canada overturned the Ontario Court of Appeal today in what is one of the most highly-anticipated cases for the pension and insolvency bars pending before the courts. In Indalex (Re) 2013 SCC 6, the court...more
The Supreme Court of Canada released its highly anticipated decision in Indalex Limited (Re) this morning. The ruling stemmed from an appeal of an Ontario Court of Appeal decision that had created commercial uncertainty...more
California has seen a string of three Chapter 9 filings this year and faces a long line of distressed municipalities. Given this backdrop, the California Public Employees’ Retirement System (“CalPERS”) figures to play a...more
Nov. 29 (Bloomberg Law) -- The decision sending the Patriot Coal Corp. reorganization to St. Louis will focus debate on the near impossibility of convincing a judge in New York or Delaware to send a bankruptcy somewhere else,...more
In welcome news for private equity (“PE”) funds, a recent district court opinion determined that two PE funds and their bankrupt portfolio company were not a “controlled group” and thus the PE funds were not responsible for...more
In a recent blog post, Carol Buckmann wrote about a decision from a federal district court judge in Massachusetts calling into question a 2007 advisory opinion from the U.S. Pension Benefit Guaranty Corporation (PBGC)....more
Nov. 21 (Bloomberg) -- What did the Hostess Brands Inc. labor unions and management know about the company's imminent failure and when did they know it? That's the first topic for discussion on this week's Bloomberg...more
Nov. 14 (Bloomberg) -- The return visit by AMF Bowling Worldwide Inc. to bankruptcy court is the first topic on this week's Bloomberg bankruptcy video. Next, Bloomberg Law's Lee Pacchia and Bloomberg News bankruptcy columnist...more
The Pension Benefit Guaranty Corporation (PBGC) has announced a new pilot program that should substantially modify its enforcement strategy regarding pension liability for facility closures under ERISA Section 4062(e). Under...more
New Economic Indicators Out, decreased median incomes and increased unemployment numbers are a positive sign? ...more
Two major conclusions are found in a recent survey of economists by the Wall Street Journal:
1. Slow growth over the coming year
2. A recession is unlikely
As reported by the Los Angeles Times, the survey of 48...more
Supreme Court of Canada is considering two key insolvency related cases where their findings could have significant ramifications on the financing of companies with pension plans and/or potential for environmental liability....more
In Trustees of Local 138 Pension Trust Fund v. F.W. Honerkamp Co. Inc., (2d Cir. Aug. 17, 2012), the Second Circuit Court of Appeals unanimously affirmed a District Court finding that the Pension Protection Act of 2006 (the...more
In a recent decision involving Global Aviation Holdings, Inc. and its affiliated debtors (collectively, the “Debtors”), the United States Bankruptcy Court for the Eastern District of New York (the "Bankruptcy Court") granted...more
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