Seyfarth Synopsis: That “win-win” in contract negotiation wherein employees are paid to opt out of employer insurance has become much more complicated thanks to the IRS. Basically, if bargaining parties do not follow new IRS...more
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
Last year the NLRB demonstrated an increased willingness to award negotiation costs as a remedy for bad faith bargaining in cases that are far less egregious than those where the remedy historically was given. Hospital of...more