News & Analysis as of

Hiring & Firing › Employee Retirement Income Security Act (ERISA)

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Littler

Littler Lightbulb: August Appellate Roundup

Littler on

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Dickinson Wright

Remote Employees Participating in Employee Benefit Plans – What’s Local Law Got to Do with It?

Dickinson Wright on

Recently, a client called about a remote employee who was moving from the company’s primary location to a different state, and would continue working for the company.  The company had no other employees in the new state and...more

Smith Gambrell Russell

“Equivalent Benefits” Requirements for Illinois Staffing Employees Temporarily Enjoined

Smith Gambrell Russell on

The U.S. District Court for the Northern District of Illinois (the “District Court”) recently entered a temporary injunction halting enforcement of certain benefits-related provisions under the Illinois Day and Temporary...more

Troutman Pepper

Can Fourth Circuit Plaintiffs be Granted "Surcharge" as a Remedy for Breach of Fiduciary Duty Under ERISA?

Troutman Pepper on

Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?...more

Alston & Bird

Class Action & MDL Roundup 2023 Q1 – We Don’t Discount Confidentiality

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the first quarter of 2023. In this edition, in pork we antitrust, paid time off is not pay, and if it’s free, it won’t cost...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

ESG: Important New Considerations for Employers

Ogletree, Deakins, Nash, Smoak & Stewart,... on

Consideration of environmental, social, and governance (ESG) issues is becoming increasingly important for companies when conducting business and in dealings with investors and employees. The increased emphasis on ESG poses...more

Davis Wright Tremaine LLP

[Event] Annual Employee Benefits and Employment Law Seminar - March 8th, Seattle, WA

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Join us for our Annual Employee Benefits and Employment Law Seminar, covering the latest updates and practical insights on benefits, labor, and employment issues. Topics include: - SECURE 2.0 - ERISA Litigation...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Great Resignation will lead to greater missing participants

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

There is a reason I stopped working for people, so I understand the Great Resignation and people’s disgust with working with others, and that was way before COVID....more

Akin Gump Strauss Hauer & Feld LLP

The Drive to Co-Equal Stakeholder: The Evolving Relationship Between Employees and Their Work and Implications for Employers

Akin Gump Strauss Hauer & Feld LLP on

A massive shift is underway in the relationship between workers and companies. Fueled in recent years by the COVID-19 pandemic and tight job market, the changes reflect not just evolving sensibilities of how employers treat...more

Proskauer Rose LLP

No Temporary Relief for NYC Hotels from Severance Law

Proskauer Rose LLP on

As previously discussed, the New York City Council passed a law at the end of last year requiring certain hotels in the City to pay eligible employees weekly severance payments for up to 30 weeks. There were swift legal...more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Genova Burns LLC

Trenton Okays State And Local Government Use Of Project Labor Agreements On Public Works Projects

Genova Burns LLC on

For many years construction contractors that bid on public works projects have had to contend with complying with prevailing wage and benefit, apprenticeship program, certified payroll, and Labor Commissioner registration...more

Amundsen Davis LLC

Need An HR Audit Checklist? Here You Go!

Amundsen Davis LLC on

Employers of all sizes and industries, operating anywhere in the U.S., need to conduct HR Audits regularly. In 2021 and beyond, it is critical to carefully evaluate all aspects of how to properly and lawfully administer and...more

Polsinelli

DOL Dips Its Toe into the World of ERISA Plan Cybersecurity

Polsinelli on

Cybersecurity is by no means a new issue for employee benefit plans subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). Still, until recently, the U.S. Department of Labor (“DOL”) had not directly...more

Proskauer - Employee Benefits & Executive...

Fifth Circuit Rules that Project Completion Bonus is Not an ERISA Severance Plan

Proskauer - Employee Benefits & Executive... on

Whether a one-time payment of benefits constitutes an employee benefit plan under ERISA has been the source of some consternation in the courts for many years.  The Fifth Circuit, in Atkins v. CB&I, LLC, recently had occasion...more

DirectEmployers Association

OFCCP Week In Review: May 2020

DirectEmployers Association on

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

Rivkin Radler LLP on

Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement...more

Morgan Lewis - ML Benefits

COVID-19-Related Layoffs May Create More Liabilities for Retirement Plans

Morgan Lewis - ML Benefits on

As the effects of the coronavirus (COVID-19) pandemic hit the United States, downsizings and shutdowns are spreading indiscriminately throughout the economy. ...more

Akin Gump Strauss Hauer & Feld LLP

Effectively Managing Workforce Contraction in Turbulent Times

Akin Gump Strauss Hauer & Feld LLP on

The grinding halt of the U.S. economy due to the COVID-19 pandemic, as well as the Russia-Saudi Arabia oil price war, have forced companies in every industry to evaluate workforce reorganizations and reductions....more

Miles & Stockbridge P.C.

Are Severance Benefits Subject to ERISA?

Miles & Stockbridge P.C. on

Definitely maybe. Severance benefits are subject to ERISA if they comprise a “plan, fund or program.” The Supreme Court held that there is a plan, fund or program for severance benefits if (1) payment requires an “ongoing...more

Hinshaw & Culbertson LLP

The LHD/ERISA Advisor: Ninth Circuit Affirms Dismissal in Fibromyalgia Disability Case

Hinshaw & Culbertson LLP on

In Demko v. Unum Life Ins. Co. of America, 2019 U.S. App. LEXIS 31102 (9th Cir. Oct. 15, 2019), the Ninth Circuit affirmed Unum Life's determination that a Hollywood executive diagnosed with fibromyalgia was not disabled from...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The question of providing information

Ary Rosenbaum - The Rosenbaum Law Firm P.C. on

ERISA requires disclosure of certain plan documents to participants including a summary plan description, statements, and notices. The problem is what do you do with people who aren’t participants such as potential employees?...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Compass: Insights And Direction For Employers – Winter 2020

Ogletree, Deakins, Nash, Smoak & Stewart,... on

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

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