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
Seyfarth Synopsis: While an employer can bargain to impasse and exit a critical status multiemployer pension fund, under the Pension Protection Act it cannot bargain to impasse and implement a proposal that would have it...more
Seyfarth Synopsis: Claims for benefits at termination may proceed as a breach of contract claim in state court, and avoid ERISA preemption, where the calculations are individualized, straightforward and do not implicate an...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
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