News & Analysis as of

Pensions Collective Bargaining Agreements (CBA)

Faegre Drinker Biddle & Reath LLP

Strict Construction: Seventh Circuit Affirms Written Pension Obligations

On March 22, 2024, the United States Court of Appeals for the Seventh Circuit issued a ruling in Bulk Transp. Corp. v. Teamsters Union No. 142 Pension Fund, ordering the Teamsters Union No. 142 Pension Fund (the “Fund”) to...more

Conn Maciel Carey LLP

Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments

Conn Maciel Carey LLP on

Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more

Fisher Phillips

Union Pension Fund Can’t Have It Both Ways: Federal Appeals Court Orders Fund to Repay Employer $2 Million

Fisher Phillips on

In a classic man-bites-dog turnaround, a federal appeals court ordered a Teamsters pension fund to return approximately $2 million in withdrawal liability payments to an employer that had stopped contributing in 2005. The...more

Lowenstein Sandler LLP

Multiemployer Pension Plans: Mitigating Risk in the Context of a Business Transaction

Lowenstein Sandler LLP on

Andrew Graw, Taryn Cannataro, and Jessica Kriegsfield of Lowenstein Sandler's Employee Benefits and Executive Compensation Practice Group address multi-employer pension plans in the context of a business transaction,...more

U.S. Equal Employment Opportunity Commission...

EEOC Wins Summary Judgment Against Urbana School District No. 116 in Age Discrimination Case

Federal Judge Agrees with EEOC that School District Discriminated Against Older Teachers and Orders District to Pay over $51,000 in Damages - CHICAGO – A federal judge ruled in favor of the U.S. Equal Employment...more

Tucker Arensberg, P.C.

No Signature, No Problem: How Conduct Can Bind an Employer to an Agreement

Tucker Arensberg, P.C. on

In a recent case involving the Steelworkers Pension Trust (the “SPT”) versus Republic Steel, a federal magistrate judge in the Western District of Pennsylvania ordered Republic Steel to pay the SPT nearly $1.4 million for...more

Stikeman Elliott LLP

Case Law Update: Age-Based Distinction in Long-Term Disability Benefit Plan Justified under Section 1 of the Charter

Stikeman Elliott LLP on

In Rayonier v. Unifor, Locals 256 and 89 (the “Decision”) the long-term disability (“LTD”) coverage provided by Rayonier (the “Employer”) under the parties’ collective agreement was challenged by Unifor, Locals 256 and 89...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Money, Money, Money, Money

This week the Court addresses the constitutionality of Oakland’s Uniform Residential Tenant Relocation Ordinance’s “relocation fee,” and the proper method for calculating an employer’s “withdrawal liability” under ERISA. ...more

Jackson Lewis P.C.

Understanding the Multiemployer Pension Plan Construction Industry Exemption

Jackson Lewis P.C. on

The Multiemployer Pension Plan Amendments Act (MPPAA), the Employee Retirement Income Security Act’s (ERISA) progeny, can create significant unexpected liabilities for companies that have agreed to collective bargaining...more

Carlton Fields

Unopposed Motions to Confirm Arbitration Awards Are Treated As Motions for Summary Judgment

Carlton Fields on

A court granted an unopposed motion to confirm an arbitration award in favor of the Drywall Tapers and Pointers of Greater New York Local Union 1974. The award stemmed from CCC Custom Carpentry’s apparent failure to remit...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: Sports, Drugs, and Pensions

This week, we take a look at two Ninth Circuit decisions concerning the employer-employee relationship.  In the first, the Court let the lawsuit against the NFL for its negligent handling of drug distribution to its injured...more

Gerald Nowotny - Law Office of Gerald R....

When Dr. Strangelove Met Jimmy Hoffa

Collective Bargaining Exemption to create a win-win situation for business owners and employees. ...more

Pullman & Comley, LLC

Best Practices for Municipal Retirement Plans

Pullman & Comley, LLC on

- Create a Plan Document... - Do not rely solely on special acts, ordinances, or collective bargaining agreements... - Reflect collectively bargained provisions... - Update contemporaneously to reflect changes in...more

Littler

Littler Lightbulb: Highlighting Five Recent Developments in Latin America

Littler on

Littler’s International Employment Law Practice Group includes experienced practitioners who help employers tackle local and multinational legal issues across borders. Here we shine a light on pivotal legal developments in...more

Stoel Rives -  Ahead of Schedule

Understanding This Pension Rule May Help Contractors Avoid Costly Liability Assessments

If you use union employees in your projects, you may contribute to a multiemployer pension plan—perhaps a few cents or few dollars per hour worked. However, some employers are surprised to learn they could be assessed with...more

Jackson Lewis P.C.

Top Five Labor Law Developments For July 2019

Jackson Lewis P.C. on

1.The National Labor Relations Board (NLRB) General Counsel’s Division of Advice has found an employer did not violate the National Labor Relations Act (NLRA) when it fired an employee based on the mistaken belief that she...more

Baker Donelson

Key Issues Involving Multiemployer Pension Plan Withdrawal Liability

Baker Donelson on

Employers who are considering using union labor should be aware of responsibilities they undertake by signing collective bargaining agreements (CBA). One such responsibility – contributing to a multiemployer pension plan...more

Locke Lord LLP

[Webinar] Going Through Withdrawal: Dealing with Multiemployer Pension Plan Withdrawal Liability? - November 14th, 12:00pm CT

Locke Lord LLP on

This program will present an overview of withdrawal liability issues pertinent to employers contributing to multiemployer pension plans under collective bargaining agreements. The presenters are an experienced enrolled...more

Foley & Lardner LLP

Looking at an Expanding Landscape: Multiemployer Plan Withdrawal Liability

Foley & Lardner LLP on

If an employer withdraws from a multiemployer pension plan such that the employer no longer has an obligation to contribute to the plan, the withdrawing employer is generally responsible for its share of the plan’s...more

McGuireWoods LLP

The Just Born Case: Responding to the Multiemployer Pension Crisis

McGuireWoods LLP on

In Bakery and Confectionery Union Fund v. Just Born II, Inc., the 4th U.S. Circuit Court of Appeals on April 26, 2018, affirmed the district court’s judgment requiring Just Born to pay delinquent contributions into the Bakery...more

Seyfarth Shaw LLP

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

Holland & Knight LLP

Federal Circuit Denies Claim Under SCA Price Adjustment Clause for Pension Withdrawal Liability

Holland & Knight LLP on

Last month, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed a decision of the U.S. Court of Federal Claims upholding and NASA’s denial of a claim in the amount of about $2 million for reimbursement pension...more

Farrell Fritz, P.C.

Are Employers Required to Make Contributions to Union Pension Fund for “Bonus” Payments?

Farrell Fritz, P.C. on

Hammering Nails Construction has a CBA (collective bargaining agreement) with Local 1 of the United Brotherhood of Widgetmakers (“Union”). After a pension fund audit, Hammering Nails received a letter claiming it owed...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - May 2016

Proskauer Rose LLP on

Editor’s Overview - In this issue of Proskauer's ERISA Litigation Newsletter, we review a recent ruling by the Tenth Circuit Court of Appeals concerning the application of controlled group principles to the building...more

Seyfarth Shaw LLP

The Ninth Circuit Hammers Out A New Successorship Liability Test Under The MPPAA

Seyfarth Shaw LLP on

The Ninth Circuit, in Resilient Floor Covering Pension Trust Fund Board of Trustees v. Michael’s Floor Covering, Inc., Case No. 12-17675 (9th Cir. Sept. 11, 2015), joined the Seventh Circuit in finding that an asset...more

25 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide