News & Analysis as of

Recordkeeping Requirements Appellate Courts

Jackson Lewis P.C.

Sixth Circuit Affirms Dismissal of Excessive Fee Case Against DENSO International

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The Sixth Circuit recently granted an employer win in an ERISA excessive fee case when it affirmed the dismissal of a proposed class action brought by current and former employees of DENSO International America, Inc., a...more

Constangy, Brooks, Smith & Prophete, LLP

“He said, she said” no longer cuts it: Seventh Circuit clarifies proof required for overtime claims

A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more

Goodell, DeVries, Leech & Dann, LLP

When Is an Appellate Rule Not a Rule?

Attorneys love rules. And our adversarial legal system functions best when both sides understand and follow common rules. So one Maryland appellate rule has always confounded me because it is routinely construed as meaning...more

Adams & Reese

Too Little, Too Late: Florida Association Found Liable in Records Requests Lawsuit

Adams & Reese on

A Florida homeowners association was found liable in a records requests lawsuit that emphasizes the need for timely response and proper recordkeeping among community associations. The Fifth District Court of Appeal in...more

Holland & Knight LLP

Tenth Circuit Dismisses Claims Related to High-Cost Funds, High Recordkeeping Fees

Holland & Knight LLP on

The U.S. Court of Appeals for the Tenth Circuit issued its decision in Matney v. Barrick Gold of North America, et al. on Sept. 6, 2023, finding that participants in an employer-sponsored defined contribution retirement plan...more

Jackson Lewis P.C.

Connecticut Appellate Court Finds No Private Right of Action for State Tip Recordkeeping Errors

Jackson Lewis P.C. on

There is no private right of action for violations of a recordkeeping regulation for restaurant industry employers that take the tip credit against the minimum wage for tipped employees, the Connecticut Appellate Court has...more

Weintraub Tobin

OSHA’s COVID-19 Vaccine or Test Mandate Is BACK in Play… For Now

Weintraub Tobin on

On Friday, December 17, 2021, the federal Sixth Circuit Court of Appeals granted an emergency motion to dissolve the stay of the federal OSHA COVID-19 vaccine or test mandate for large employers. Background. On...more

Constangy, Brooks, Smith & Prophete, LLP

Update On Challenges To The OSHA Vaccine ETS

As most of our readers know, the Occupational Safety and Health Administration issued an Emergency Temporary Standard on November 5 that required most employers with 100 or more employees to require virtually all of their...more

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