Seyfarth Synopsis: A recent case from the Western District of North Carolina contains a helpful example of how the standards applicable to an employee’s request for accommodation of a disability differ from those for...more
2/12/2019
/ Administrative Remedies ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability ,
Disability Benefits ,
Disability Discrimination ,
Employer Liability Issues ,
Essential Functions ,
Hiring & Firing ,
Job Descriptions ,
Motion for Summary Judgment ,
Reasonable Accommodation
Even when a claims administrator approves a claim for disability benefits, its job is not done. That principle was again demonstrated in the recent case Owings v. United of Omaha Life Insurance Co., No. 16-3128 (10th Cir....more
11/6/2017
/ Abuse of Discretion ,
Appeals ,
Arbitrary and Capricious ,
Compensation & Benefits ,
Corporate Counsel ,
Disability ,
Disability Benefits ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Insurance Industry ,
Insurance Litigation ,
Long Term Disability Insurance ,
Popular ,
Workplace Injury
Seyfarth Synopsis: Seventh Circuit finds employer still obligated to contribute to benefit funds for the life of the CBA even though the employees decertified the union.
Employers often assume that when their...more
Seyfarth Synopsis: The Board reaffirmed, prospectively, the Alan Ritchey doctrine requiring employers to bargain over discretionary discipline issued to newly organized employees pre-first contract and mandated prospective...more
Seyfarth Synopsis: Overturning 25 years of precedent, the NLRB rules that an ALJ may only enter an order approving and incorporating settlement terms proposed by a respondent over the objections of the General Counsel and...more
9/3/2016
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Corporate Counsel ,
Dispute Resolution ,
Judicial Authority ,
NLRB ,
Remedies ,
Settlement Agreements ,
Settlement Negotiations ,
Union Representatives ,
Unions
On Wednesday, March 16, the Seventh Circuit inspired a collective sigh of relief among actuaries and plan administrators everywhere. In Cocker v. Terminal Railroad Association of St. Louis Pension Plan for Nonschedule...more
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
10/6/2015
/ Asset Purchaser ,
Collective Bargaining ,
Collective Bargaining Agreements (CBA) ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Multiemployer Pension Plan Amendments Act (MPPAA) ,
Pension Funds ,
Pension Plan Amendments ,
Pensions ,
Successor Liability ,
Withdrawal Liability
The International Franchise Association (IFA) has filed a Freedom of Information Act (FOIA) request with the Occupational Safety & Health Administration (OSHA) asking for the rationale behind questions that its inspectors are...more
9/1/2015
/ Browning-Ferris Industries of California Inc. ,
Corporate Counsel ,
Enforcement Actions ,
FOIA ,
Franchise Agreements ,
International Franchise Association (IFA) ,
Joint Employers ,
NLRB ,
OSHA ,
Popular ,
Statutory Authority
While all eyes were on the landmark Browning-Ferris decision issued Thursday, the Board issued yet another split decision that also may have far reaching consequences. In GVS Properties, LLC, 362 NLRB No. 194 (Aug. 27, 2015),...more
9/1/2015
/ Collective Bargaining ,
Corporate Counsel ,
Displaced Building Service Workers Protection Act (DBSWPA) ,
Employer Liability Issues ,
Mandatory Retention Period ,
NLRA ,
NLRB ,
Purchasers ,
Real Estate Transfers ,
Successors ,
Unions
Many asset buyers believe that, as long as they do not agree to ERISA Section 4204’s sale of assets exception to withdrawal liability, they will acquire the seller’s assets free and clear of any prior contribution history and...more
8/8/2015
/ Asset Purchaser ,
Buyers ,
Corporate Counsel ,
Employee Retirement Income Security Act (ERISA) ,
Multiemployer Plan ,
Pension Funds ,
Sale of Assets ,
Sellers ,
Successor Liability ,
Withdrawal ,
Withdrawal Liability