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Retirement Plan › Age Discrimination in Employment Act

Proskauer Rose LLP

Individual Arbitration of ERISA Breach of Fiduciary Duty Claims – Is it Possible and, if So, Is It Worth It?

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As plan sponsors and fiduciaries cope with the increased volume of class action Employee Retirement Income Security Act (ERISA) lawsuits, some have considered the prospects of reducing their exposure through arbitration...more

Foley & Lardner LLP

Considering an Early Retirement Program? Make Sure You Plan Ahead

Foley & Lardner LLP on

Recently, we examined the wisdom and legality of mandating retirement for older workers. The gist of that analysis was “don’t do it” except in limited circumstances — and certainly don’t do it without talking to your legal...more

Verrill

Primer on Severance Plans Under ERISA and the Tax Code

Verrill on

Many employers maintain formal or informal severance policies or practices that they use sporadically. Other employers may implement a severance program for a limited period of time to reduce the number of employees overall...more

Fisher Phillips

A Simplified View Of The Supreme Court’s 2019-2020 Workplace Law Term

Fisher Phillips on

Supreme Court decisions are often the most challenging pieces of legal guidance to understand. They are rarely straightforward and usually contain so much analysis that it becomes hard to get to the bottom of what was...more

Proskauer - Law and the Workplace

The Third Circuit Finds No Age Discrimination Related to Virgin Islands Law That Encouraged Long-Tenured Employees to Retire

Proskauer - Law and the Workplace on

The Third Circuit recently issued a significant opinion in Bryan v. Government of the Virgin Islands, Case No. 18-1941, 2019 WL 661822 (3rd Cir. February 19, 2019) holding that the Virgin Islands did not violate the Age...more

FordHarrison

Ben Affleck’s Batman is Retiring His Cape: What About Your Employees?

FordHarrison on

I waded through a slew of this week’s entertainment, past a bunch of Kardashian-related bunk, and noticed an announcement that Ben Affleck is retiring from playing Batman. Of course, Batman, and his long-suffering pals Robin...more

Seyfarth Shaw LLP

Fourth Circuit Sides With EEOC: Back Pay Damages Are Mandatory Under The ADEA

Seyfarth Shaw LLP on

Seyfarth Synopsis: Although back pay has been awarded in Age Discrimination in Employment Act (ADEA) cases for quite some time, few courts have specifically addressed whether these damages are discretionary or mandatory. In...more

U.S. Equal Employment Opportunity Commission...

Murphy School District No. 21 to Pay $138,000 to Settle EEOC Age Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on

Federal Agency Says School Used Retirement Plans That Were Facially Discriminatory - PHOENIX -- Murphy School District No. 21 used an early retirement incentive plan which granted greater economic benefits to employees...more

K&L Gates LLP

When can a mandatory retirement age be justified?

K&L Gates LLP on

In Seldon v Clarkson Wright & Jakes, the EAT decided that a partnership's mandatory retirement age (MRA) of 65 for partners was a proportionate means of achieving the partnership's legitimate aims of workforce planning and...more

Manatt, Phelps & Phillips, LLP

Employment Law

Manatt, Phelps & Phillips, LLP on

Second Circuit: Inability to Sit for Long Periods Can Trigger ADA Coverage - Why it matters: Can an employee’s inability to sit for a prolonged period of time constitute a disability under the Americans with...more

Best Best & Krieger LLP

Fourth Circuit: Retirement Plan Discriminates Based on Age

Best Best & Krieger LLP on

A County retirement-benefit plan requires an employee to contribute a percentage of his salary to the plan. But not all employees contribute at the same rate. Instead, an older employee must contribute at a...more

Littler

Tenth Circuit is First Circuit to Determine Remedies for Violation of ERISA Section 204(h) Notice Requirements

Littler on

The transition of many companies from using traditional "final average pay" plans to "cash balance" pension plans in the last two decades has created significant employee discontent, and therefore substantial litigation. ...more

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