News & Analysis as of


Supreme Court Again Rejects Sixth Circuit Finding of Lifetime Retiree Medical Benefits

by McGuireWoods LLP on

Three years ago, in M&G Polymers USA, LLC v. Tackett, the Supreme Court unanimously vacated a ruling by the SixthCircuit Court of Appeals that a collective bargaining agreement (CBA) vested retirees with lifetime medical...more

Coming Soon: FY 2018 Omnibus

by McGuireWoods LLP on

The March 23 government-funding deadline is just around the corner. Lawmakers are scrambling to wrap up their work on the FY 2018 omnibus spending bill, which would fund the government for the rest of this fiscal year. House...more

Employment news - March 2018

by Hogan Lovells on

Weekly newsletter on employment matters. In this weeks issue: - Take two: dismissing pregnant workers... - Informal approach – reasonable adjustments duty applied to long working hours... - Retirement...more

ERISA Litigation: 5 Defenses to Know and Prepare For

by Faegre Baker Daniels on

A ubiquitous presence in the federal courts, the Employee Retirement Income Security Act of 1974 (ERISA) regulates the administration of employee pension and welfare plans — otherwise defined as plans that provide employees...more

Hatch, Wyden Introduce New RESA Bill

by McGuireWoods LLP on

Senate Finance Committee Chairman Orrin Hatch (R-UT) and Ranking Member Ron Wyden (D-OR) have introduced an updated version of the Retirement Enhancement and Savings Act (RESA) – a bill to improve access to retirement...more

High Court Orders Sixth Circuit To Clean Up Its Retiree Health Benefits Case Law ‘Mess’

by Jackson Lewis P.C. on

Collective bargaining agreements, including those that establish ERISA plans, should be interpreted according to ordinary principles of contract law, the U.S. Supreme Court has reaffirmed in a per curiam opinion. CNH...more

The Supreme Court Says Goodbye to the Yard-Man Inference Again and Reaffirms Ordinary Principles of Contract Law Apply When...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Disputes over lifetime retiree health benefits for union retirees may become a memory of the past. For the second time in three years, the Supreme Court confirms that collective bargaining agreements must...more

Supreme Court Reaffirms Rejection of Inferences in Retiree Health Benefit Dispute

by Miller Canfield on

The U.S. Supreme Court has reversed a U.S. 6th Circuit Court of Appeals decision holding that that former employees of CNH Industrial N.V. were entitled to lifetime, vested healthcare benefits. The opinion, issued yesterday,...more

Put It in the CBA: Supreme Court Once Again Finds Retiree Health Benefits Are Not Vested

On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective...more

Tax and Budget Bills Include Tax Qualified Retirement Plan Provisions

by K&L Gates LLP on

The tax bill enacted late last year (Public Law No. 115-97) and the budget bill enacted earlier this month (the Bipartisan Budget Act of 2018) included a handful of changes to the rules applicable to tax-qualified retirement...more

Tackett Redux: Ordinary Principles of Contract Interpretation Mean No Inference of Vesting

In an opinion released yesterday, the Supreme Court reaffirmed that collective bargaining agreements (CBAs) must be interpreted according to “ordinary principles of contract law.” CNH Industrial N.V. v. Reese, No. 17-515,...more

Supreme Court Overrules Sixth Circuit (Again) In Class Action Dispute Over Retiree Medical Benefits

by BakerHostetler on

Is Yard-Man really dead this time? This issue should never have arisen, the Supreme Court should not have had to address it in 2015, and it shouldn’t have required Supreme Court attention a second time just three years...more

Estate planning for your business: Use an ESOP to properly address your closely held company

If a substantial portion of one’s net worth is tied up in his or her closely held business, it’s critical to have an exit strategy. This article explains why an employee stock ownership plan is one tool that offers a...more

Massachusetts High Court Rules That Sick Pay Does Not Constitute Wages Under State Law

by Littler on

On January 29, 2018, the Massachusetts Supreme Judicial Court held that sick pay does not constitute wages under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148. As a result, employers are not liable under the...more

Key Highlights of the 2017 Singapore Employment Landscape

by Morgan Lewis on

In 2017 several key pro-employee developments were introduced in Singapore, including mandatory retrenchment notifications and increased oversight and scrutiny of retrenchment exercises by the Ministry of Manpower, and the...more

A Look Back at Significant Developments in Class Action Law in 2017

From the standpoint of class action practice, 2017 was as important for what did not happen as for what did. Here are some of the highlights and lowlights of the 2017 class action scorecard, with a look forward to how the...more

Reducing your Pension Protection Fund (PPF) levy for 2018/19

by Hogan Lovells on

2018/19 is the first year of the Pension Protection Fund (PPF)'s third levy "triennium" under the new levy framework. Trustees who wish to reduce their pension scheme's risk-based levy by taking account of contingent...more

US Tax Reform Impacts Roth Individual Retirement Account Conversions

by Morgan Lewis on

HR 1 makes Roth IRA conversion recharacterizations a thing of the past, but is silent on whether recharacterizing 2017 Roth IRA conversions in 2018 will be permitted....more

Understanding the Standard of Care for Broker-Dealers and the Department of Labor’s Fiduciary Rule

Until recently, broker-dealers operating in the United States weren’t subject to a fiduciary standard when dealing with their retail clients. The passage of the Dodd-Frank Act in 2010 included a provision enabling the...more

Fourth Circuit Reverses Benefits Review Board’s View of the Effect of Retirement

by King & Jurgens, L.L.C. on

On January 3, 2018, the United States Court of Appeals for the Fourth Circuit in Russell Moody v. Huntington Ingalls Incorporated, No. 16-1773 (4th Cir., 01/03/2018), reversed a ruling of the Benefit Review Board that had...more

Military Pensions Also Being “Reformed” For The First Time In 70 Years

by Fox Rothschild LLP on

The recent changes in tax laws have grabbed the headlines but employees of the four branches of the military and the Coast Guard will become part of a new “blended” retirement system passed by Congress in 2016, but effective...more

Education Legislation Summary: 2017 Special Session – Biennial Budget, Connecticut General Assembly

by Shipman & Goodwin LLP on

On October 26, 2017, the General Assembly passed Emergency Certified Bill 1502 (“Bill 1502” or “the Bill”). The Bill was signed by Governor Malloy on October 31, 2017 (except for a line item veto related to hospital charges)....more

Dissuading garden leave for older employees

by DLA Piper on

One of the biggest challenges of the Belgian labour market is to retain older employees longer in employment. To address this issue, the Belgian legislator restricted the legal possibilities for early retirement, and adopted...more

Ben Ross Retires Despite Everyone’s Not-so-Secret Desire for Him to Stay with OSHA Region IV.

by Fisher Phillips on

People who do not regularly deal with the local, state and federal government may not realize that there is a huge difference between a “Bureaucrat” and a “Civil Servant.” OSHA has more civil servants than bureaucrats and we...more

Better Late Than Never: Labor And Employment Effects Of The State Budget “Implementer”

While several bills were enacted earlier this year affecting Connecticut employers, the 2017 regular session of the Connecticut General Assembly was not the final word. Due to the lack of a budget, the General Assembly had to...more

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