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  • Article

    SECURE Act – House Overwhelmingly Passes Retirement Reform Bill

    The House of Representatives recently passed the Setting Every Community Up for Retirement Enhancement (SECURE) Act by a vote of 417-3
    United StatesEmployment and HR
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Sixth Circuit Dismisses Stock Drop Claim For Failure To Allege "Actual Injury"

    The U.S. Court of Appeals for the Sixth Circuit recently rejected a breach of fiduciary duty claim.
    United StatesEmployment and HR
    Goodwin Procter LLP
    Goodwin Procter LLP
Article

Sixth Circuit Issues Trilogy on Retiree Health Benefits

In three decisions issued on the same day, the Sixth Circuit held that Meritor retirees were not entitled to lifetime health benefits, while retirees at Kelsey-Hayes and CNH Industries were entitled to contractually vested health benefits.
United StatesEmployment and HR
Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    Sixth Circuit Rules That Employer Can Terminate Retiree Health Benefits

    The closing agreement stated that healthcare coverage "shall continue" for retirees and their spouses as provided in the applicable CBA.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SJC Affirms $1.4 Million Retaliation Verdict For Former Fire Chief, Reinforcing The Power Of Circumstantial Evidence In Chapter 151B Claims

    The Massachusetts Supreme Judicial Court upheld a $1.4 million jury verdict in favor of a former fire chief who claimed retaliation after complaining about gender-based differential treatment of his niece, a probationary firefighter.
    United StatesEmployment and HR
    Foley Hoag LLP
    Foley Hoag LLP
  • Article

    Solicitor General Urges Supreme Court To Decline Ruby Tuesday Benefits Suit

    As the U.S. Supreme Court considers whether to grant a writ of certiorari in a case involving the handling of a chain restaurant’s retirement plan assets in bankruptcy, the U.S. Solicitor General is arguing that the court should decline review. According to the Solicitor General, the case’s “idiosyncratic” nature makes it inappropriate for further review, as it is unlikely to provide useful guidance for litigants and lower courts.
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    Standing And Plausibility In Erisa

    A district court in New York has held that a plaintiff cannot assert claims against a plan in which she did not participate and cannot assert claims of fiduciary breach without plausible allegations of wrongdoing.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    SunTrust Plan Participants’ Stock-Drop Claims Tossed A Second Time

    A federal district court in Georgia recently dismissed a suit brought by participants in the SunTrust Bank 401(k) savings plan...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Supreme Court Declines To Address Pleading Standards In Stock-Drop Litigation - Retirement Plans Committee Of IBM V. Jander

    On November 9, 2020, the Supreme Court declined to consider an appeal from the Second Circuit Court of Appeals in Retirement Plans Committee of IBM v. Jander,...
    United StatesEmployment and HR
    Verrill Dana
    Verrill Dana
  • Article

    Supreme Court Restates Duty To Monitor Retirement Plan Costs And Options In Hughes V. Northwestern University

    On Jan. 24, 2022, the U.S. Supreme Court, in an 8-0 decision*, reaffirmed and extended its holding in the 2015 Tibble v. Edison case, such that ERISA retirement plan fiduciaries, as part of their duty of prudence...
    United StatesEmployment and HR
    Armstrong Teasdale LLP
    Armstrong Teasdale LLP
  • Article

    Temporary Relief For Witnessing Spousal Consent Extended For Another Year

    Just when we were about to draft our blog reminding plans of the expiration of the temporary relief. . . The IRS has now issued Notice 2021-40 ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Tentative Settlement Of Twitter Ex-Workers' Severance Suit Faces Roadblock

    The parties in a $500 million proposed class action lawsuit over unpaid severance—including terminated Twitter employees, X Corp.
    United StatesEmployment and HR
    Hall Benefits Law
    Hall Benefits Law
  • Article

    Texas Court Rules ESG Lawsuit Against Employer's 401(k) Plan Can Proceed

    Recently, a Texas federal court denied the defendants' motion to dismiss in a lawsuit featuring allegations that an employer's 401(k) plan, which allegedly relied on ESG principles when making investments, violated ERISA.
    United StatesEmployment and HR
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    The Demise Of The Chevron Doctrine Begins To Impact ESG Jurisprudence

    Last week, the Fifth Circuit Court of Appeals vacated and remanded the appeal from a lower court's decision upholding the Biden Administration's Department of Labor rule enabling ERISA plans to consider...
    United StatesEmployment and HR
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
    Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.
  • Article

    The High Court Strongly Endorses Deference To An ERISA Plan Administrator’s Interpretation, Even In Light Of A "Single, Honest Mistake"

    The U.S. Supreme Court recently issued an important decision that renewed its endorsement of the deferential treatment of plan fiduciary and administrators’ interpretations of ERISA governed pension plans.
    United StatesEmployment and HR
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    The PBGC's Missing Participant Program Now Allows Terminating Defined Contribution Plans To Participate

    Especially upon plan termination, locating missing participants can be a major headache for plan sponsors, who have a fiduciary obligation to locate participants and distribute benefits under the terminating plan.
    United StatesEmployment and HR
    Dickinson Wright PLLC
    Dickinson Wright PLLC
  • Article

    The Supreme Court's Church Plan Decision

    The Supreme Court has held unanimously that a 1980 amendment to ERISA means that a pension benefit plan need not be established by a church in order to be exempt from ERISA rules, including most importantly, its funding rules.
    United StatesEmployment and HR
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    The Third Circuit Finds No Age Discrimination Related To Virgin Islands Law That Encouraged Long-Tenured Employees To Retire

    Those who declined to retire had to contribute an additional 3% of their salary to the pension plan.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The Top 7 Concerns For Employee Benefits Administrators

    The changing judicial backdrop puts greater pressure on employers, plan trustees and other ERISA fiduciaries to consider their legal duties more carefully, and adopt more rigorous procedures that insure compliance.
    United StatesEmployment and HR
    Burns & Levinson LLP
    Burns & Levinson LLP
  • Article

    This Week From The Hill (April 21 – 27, 2024)

    The unofficial deadline of April 15 for the Tax Relief for American Families and Workers Act of 2024 (H.R. 7024), the tax deal authored by Senate Finance Committee Chairman Ron Wyden...
    United StatesEmployment and HR
    Groom Law Group, Chartered
    Groom Law Group, Chartered
  • Showing 921–940 of 5361 results

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