News & Analysis as of

Employment Contract Retirement Plan

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

Beltway Buzz - April 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business. FTC Prohibits Non-Competes. On April...more

Levenfeld Pearlstein, LLC

2023 Employment Law Checklist

Each year, LP’s Employment & Executive Compensation Practice Group is pleased to provide a short checklist of steps that all companies should consider taking to measure their readiness for the coming year. We hope that you...more

Miller Canfield

Arbitration of Fiduciary Breach Claim Cannot Be Compelled by Relying on Individual Employment Agreements

Miller Canfield on

In Hawkins, et al. v. Cintas Corp., No. 21-3156, __ F.4d __ (2022), plaintiffs brought a class action pursuant to Section 502(a)(2) of the Employee Retirement Income Security Act (ERISA), alleging that their former employer...more

Littler

Are ERISA Breach of Fiduciary Duty Claims Arbitrable?

Littler on

Over the years, attempts to arbitrate breach of fiduciary duty claims under the Employee Retirement Income Security Act (ERISA) Section 502(a)(2) have had varying results.  One court recently recognized that “whether any...more

Morgan Lewis - ML Benefits

401(k) Fiduciary Breach Claims Not Subject to Arbitration, Second Circuit Decides

Reversing a lower court’s decision, the US Court of Appeals for the Second Circuit issued an opinion in Cooper v. DST Systems, Inc., et al., finding that an arbitration agreement signed by an employee as part of his...more

Proskauer - Employee Benefits & Executive...

Second Circuit Rules ERISA Fiduciary-Breach Claims Are Outside the Scope of General Employment Arbitration Agreement

In response to the deluge of ERISA class action breach of fiduciary duty claims, plan sponsors and fiduciaries have increasingly sought to compel individual arbitration of such claims pursuant to arbitration clauses in...more

Epstein Becker & Green

Return-to-Work: Benefits Guidance in the Time of COVID-19

Many U.S. businesses are starting to prepare for phased returns to the workplace. Employers’ planning should consider the impact that various return-to-work approaches may have on their employee benefits and compensation...more

Littler

Striking Down Decades-Old Precedent, Ninth Circuit Rules That ERISA Breach of Fiduciary Duty Claims May Be Arbitrated

Littler on

On August 20, 2019, a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit issued an opinion in Dorman v. Charles Schwab Corp., overturning its 1984 position in Amaro v. Continental Can Co. that lawsuits filed...more

Littler

Circuit Courts Grapple With the Permanence of Retiree Health Benefits Under Collective Bargaining Agreements

Littler on

On August 7, 2019, in Kelly v. Honeywell International, the Second Circuit handed down the latest decision in a series of cases across the country on a company’s obligation to provide lifetime health care to retirees....more

K&L Gates LLP

Oregon Legislature Adds New Requirements for Employers

K&L Gates LLP on

As Oregon’s 2019 legislative session drew to a close, the legislature added new requirements for employers related to noncompetition agreements, notice to employees of impending federal authorization to work inspections, and...more

Franczek P.C.

Governor Signs Bill Reinstating 6% TRS Excess Salary Cap Into Law

Franczek P.C. on

On June 5, the Governor signed Public Act 101-0010 which, among other things, deleted the TRS 3% excess salary cap and revived the 6% cap.  ...more

Locke Lord LLP

[Webinar] 30th Annual Employee Benefits Webinar - September 26th, 8:15am CT

Locke Lord LLP on

Please join the Locke Lord Employee Benefits and Executive Compensation Group for our 30th annual employee benefits webinar. Our attorneys will provide an overview of current developments related to employee benefit plans....more

Robinson+Cole ERISA Claim Defense Blog

Ninth Circuit Holds That Employees’ ERISA Breach of Fiduciary Duty Claim Against Their Employer is Not Subject to the Mandatory...

In Munro v. University of Southern California, No. 17-55550, 2018 U.S. App. LEXIS 20522 (9th Cir. July 24, 2018), the U.S. Court of Appeals for the Ninth Circuit held that employees alleging an ERISA breach of fiduciary duty...more

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

Ninth Circuit Determines Employment Agreement Does Not Require Arbitration of Certain ERISA Claims

On July 24, 2018, the Ninth Circuit Court of Appeals ruled in Munro v. University of Southern California, No. 17-55550, that an employer/fiduciary of a 401(k) plan cannot force a fiduciary breach claim under Employee...more

Hogan Lovells

Employment News - February 2018

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Weekly newsletter on employment matters. In this weeks issue: - Small steps – government response to the Taylor Review. - That hurts. Working time detriment could lead to injury to feelings award. - It's not...more

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