News & Analysis as of

Employee Rights Employee Retirement Income Security Act (ERISA)

Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination... more +
Most countries provide some degree of workplace protection for employees and job applicants. Depending on the jurisdiction, these protections generally include safety precautions and policies, anti-discrimination policies, collective bargaining and unionizing rights, meal and rest requirements, minimum wage rules, and medical and family leave rights to name a few. In the United States, the federal framework for employee rights stem from statutes such as the Fair Labor Standards Act (FLSA), Americans with Disabilities Act (ADA), National Labor Relations Act (NLRA), Title VII of the Civil Rights Act, and the Family Medical Leave Act (FMLA). In addition, employee rights statutes are implemented and enforced by regulatory authorities such as the EEOC, NLRB, OSHA, and the Department of Labor. Further, many state and local governments provide additional and localized protections for employees that are enforced by local regulatory entities. less -
Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Federal Court Denies Bid to Block Temporary Workers Bill of Rights Law

On August 30, 2024, a judge of the U.S. District Court of New Jersey denied a motion to partially enjoin the New Jersey Temporary Workers Bill of Rights based on Employee Retirement Income Security Act (ERISA) preemption....more

Littler

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

Littler on

On July 24, 2024, the United States Court of Appeals for the Third Circuit affirmed a decision from the District of New Jersey Court, refusing to block New Jersey’s 2023 law, which awards temporary workers equal pay and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Refuses to Block New Jersey Temporary Workers Bill of Rights Law

On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

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Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Poyner Spruill LLP

Impact of Dobbs on Employee Benefits

Poyner Spruill LLP on

On June 24, 2022, the U.S. Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and held that the U.S. Constitution does not include a right to abortion. In doing so,...more

Burr & Forman

What Employers Need To Know in a Post-Roe World

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On June 24, 2022, the Supreme Court issued its decision in Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade, the 1973 ruling that protected a woman’s right to have an abortion. In Dobbs, the Supreme Court...more

Bass, Berry & Sims PLC

2019 ERISA Welfare Plan Checklist

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We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

Seyfarth Shaw LLP

New York City Commission On Human Rights Proposes New Rules Broadening The Definition Of Gender And Prohibited Discriminatory...

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Seyfarth Synopsis: The New York City Commission on Human Rights (the “Commission”) is proposing to amend its rules to establish certain definitions and clarify the scope of protections with respect to gender under the New...more

Fisher Phillips

A Primer On Telemedicine And The Workplace

Fisher Phillips on

Most people probably do not enjoy sitting in a doctor’s reception area with other coughing and sneezing people while waiting for an appointment, or devoting hours to getting a prescription refilled. The concept of...more

Seyfarth Shaw LLP

4 Key Trends In Workplace Class Action Litigation For 2017: #4 U.S. Supreme Court

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Seyfarth Synopsis: The fourth and final key trend from our 14th Annual Workplace Class Action Litigation Report involves rulings by the U.S. Supreme Court. ...more

Foley & Lardner LLP

So Same-Sex Marriage Is Legal … Now What? Important Decisions Employers Face Now

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In Obergefell v. Hodges, the U.S. Supreme Court held that the 14th Amendment to the Constitution requires all 50 states to license marriages between same-sex couples and to recognize same-sex marriages performed out-of-state....more

Proskauer - Employee Benefits & Executive...

The U.S. Supreme Court Finds a Constitutional Right to Same-Sex Marriage: Implications for Employee Benefit Plan Sponsors

On June 26, 2015, the U.S. Supreme Court issued a historic decision in Obergefell v. Hodges, holding that the Fourteenth Amendment’s Due Process and Equal Protection Clauses require states to allow same-sex marriage and to...more

Pullman & Comley - Labor, Employment and...

The Importance of Timing in Employment Terminations

There is a saying that “timing is everything,” and in some instances of employment termination, the timing, if not everything, may still be an important consideration....more

Foley & Lardner LLP

ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

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Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute...more

McDermott Will & Emery

Developments Impacting Benefits for Same-Sex Spouses

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As federal and state agencies and courts further examine the implications of the Supreme Court of the United States’ ruling on same-sex marriage in U.S. v. Windsor, the laws and regulations governing employee benefits for...more

Franczek P.C.

Obama Administration Announces Proposed Rule Extending FMLA Leave Rights for Same-Sex Couples

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President Obama plans to announce today a proposed rule that would allow an employee to take FMLA leave to care for a same-sex spouse, regardless of whether the employee lives in a state that recognizes their marital status. ...more

Foley & Lardner LLP

What Marriage Equality Means for Your Employee Benefits

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A frequent headline in the news as of late has been “Federal Judge in State X finds same-sex marriage ban unconstitutional” and then shortly thereafter “Hundreds of couples marry in State X” complete with a picture of a...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - June 2014

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Editor's Overview - In this month's issue, our authors address severance benefit claims and ERISA disclosure requirements. In our first article, Joe Clark addresses whether a plan administrator should conduct an...more

Stinson - Benefits Notes Blog

Can A Failure To Hire Violate ERISA?

A recent decision of the federal district court for the southern district of Ohio raises interesting questions under Employee Retirement Income Security Act of 1974 (ERISA) that might also affect employer liability under the...more

Laner Muchin, Ltd.

Employment Relationship Not Required For Claim Of ERISA Violation For Benefit Rights

Laner Muchin, Ltd. on

In a recent Seventh Circuit Court of Appeals decision successfully litigated by Laner Muchin, the Court addressed novel aspects of whether an employer interfered with employees’ benefit rights in violation of ERISA. The case...more

Greenberg Glusker LLP

Legislative and Other Developments Affecting California Employers in 2014

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This year has brought many significant changes that will impact all California employers. This annual report from Greenberg Glusker’s Employment Group summarizes some of the most important new federal and state legal...more

Baker Donelson

Impact of DOMA Ruling on Employers and Individuals

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In the recently-issued opinion in United States v. Windsor, the Supreme Court has ruled that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional as a violation of the Equal Protection Clause of the...more

Dechert LLP

Supreme Court DOMA Decision Is Far-Reaching, but Leaves Many Unanswered Questions for Employers

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On June 26, 2013, the United States Supreme Court held in United States v. Windsor, that Section 3 of the Defense of Marriage Act (“DOMA”) was “unconstitutional as a deprivation of the equal liberty of persons that is...more

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