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Employer Liability Issues › Bankruptcy Code

Miller Nash LLP

Ninth Circuit Holds the Trustee Has Standing, Not the Employee, to Title VII Claims Rooted in the Pre-Bankruptcy Past

Miller Nash LLP on

The Ninth Circuit’s May 30, 2024 decision in Bercy v. City of Phoenix precludes employees from bringing Title VII employment claims that the employee could have brought before filing for personal bankruptcy. These claims...more

Epstein Becker & Green

High-Earning Worker Entitled to Overtime Pay, Death-Row Inmate Can Challenge Punishment, and Bankruptcy Can’t Discharge Fraudulent...

Epstein Becker & Green on

The Court has broken the logjam of pending opinions, rendering three decisions today, one of which, dealing with the issue of when overtime pay is mandated under the Fair Labor Standards Act (FLSA), might have a broader...more

Levenfeld Pearlstein, LLC

Bankruptcy Doesn’t Shield Employees from WARN Act Layoff Notice Requirements—Unless an Exception Applies

Levenfeld Pearlstein, LLC on

Layoffs often accompany corporate bankruptcy, and employers should be aware of the legal obligations that impact mass layoffs and plant closures. Most notably, the federal WARN Act requires employers to notify the workforce...more

Bowditch & Dewey

Getting Paid in Bankruptcy – Part IV, Employees

Bowditch & Dewey on

In this series, we look at how various payment rights are treated in bankruptcy. A summary like this could not possibly address every right that might arise in any given bankruptcy case. We have omitted several of the...more

Seyfarth Shaw LLP

Is a Purchase in Bankruptcy Really Free and Clear of Liability During COVID-19?

Seyfarth Shaw LLP on

Seyfarth Synopsis: In acquiring a company in bankruptcy, there is often a tendency to think this guarantees the purchaser will be “free and clear” of any liability (including so-called “successor liability”). This is not...more

Patterson Belknap Webb & Tyler LLP

Bankruptcy and Labor Law: Decision by Appeals Court Permits Debtor to Discharge an NLRB Fine in Bankruptcy

Patterson Belknap Webb & Tyler LLP on

If the National Labor Relations Board (“NLRB”) fines an employer for unlawfully firing workers who tried to unionize, can the employer discharge the fine in bankruptcy, or will the exception to discharge found in Bankruptcy...more

Fox Rothschild LLP

Northern District Of Texas Holds EEOC Title VII Enforcement Action Falls Within Exception To The Automatic Stay

Fox Rothschild LLP on

In a recent opinion, the U.S. District Court for the Northern District of Texas held that an Equal Employment Opportunity Commission (“EEOC”) action brought against an employer for alleged violations of Title VII of the Civil...more

Seyfarth Shaw LLP

Federal Court Rules That An EEOC Lawsuit Is Not Barred By Bankruptcy Code’s Automatic Stay

Seyfarth Shaw LLP on

Seyfarth Synopsis: The government’s anti-discrimination watchdog can be extremely aggressive in pursuing discrimination claims, including pursuing those claims after an employer files for bankruptcy. ...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - May 2014

Proskauer Rose LLP on

Editor's Overview - This month our authors explore two important areas of ERISA's fiduciary duties applicable to single employer and multiemployer plans. First, Neal Schelberg and Aaron Feuer comment on a growing trend...more

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