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  • Article

    New Overtime Rule Expected Tomorrow

    Politico is reporting that DOL will announce the final overtime rule tomorrow, and that the new salary threshold for exempt executive, administrative, and professional employees will be $47,500.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ninth Circuit Affirms Dismissal Of ERISA Section 510 Claim

    The Ninth Circuit affirmed the dismissal on summary judgment of Plaintiff Rosemarie Cole's claim that her employer, Permanente Medical Group, interfered with her receipt of pension benefits in violation of ERISA § 510.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Ninth Circuit: Medical Providers Lack ERISA Standing

    The Ninth Circuit affirmed two district court decisions that concluded medical providers were not "beneficiaries" under Section 502(a) of ERISA and therefore lacked standing to bring an ERISA claim.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    NJ Supreme Court To Rule On SOL Waiver

    The case—Rodriguez v. Raymours Furniture Co., Inc.—is sure to receive attention in the coming months.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    No Ongoing Administration, No ERISA Plan

    As such, the Court affirmed the lower court's ruling dismissing the case.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Notification Regarding Earned Income Tax Credit Expanded

    Employers that are required to notify their employees of their eligibility for the federal Earned Income Tax Credit also must notify employees that they may be eligible for the California Earned Income Tax Credit; the bill also updates the content of the notice that must be provided to employees.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    OFCCP Suspends Operations During Government Shutdown

    The Office of Federal Contract Compliance Programs suspended its operations on October 1, 2013 as part of the Federal government shutdown.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    PAGA Claims Cannot Be Aggregated To Satisfy Jurisdictional Minimum Required For Removal

    John Urbino alleged in the form of a claim under the Private Attorneys General Act of 2004 that Orkin illegally deprived him and other non-exempt employees of meal periods, overtime and vacation wages and accurate itemized wage statements.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Plaintiffs Not Entitled To Jury Trial For ERISA Breach Of Fiduciary Duty Claims

    Massachusetts Institute of Technology persuaded a federal district court to toss a jury demand in a case alleging that the MIT 401(k)
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Plan Participant Waived Remedy For Untimely Benefits Determination

    The Seventh Circuit rejected a disability plan participant's argument that an untimely decision denying his claim for long-term disability benefits warranted changing the standard of review...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Plan Sponsors’ Decision To Change Form Of Employer Contributions Not A Fiduciary Function

    Morgan Stanley and others were not de facto ERISA fiduciaries by virtue of having authority and means to fund company contributions with stock rather than cash.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Proposed White Collar Exemption Regulations Published In Federal Register

    As described in our previous blog post last week, on June 30, 2015 the U.S. Department of Labor finally released its highly anticipated proposed regulations to amend 29 CFR Part 541, the Fair Labor Standards Act's "white collar" exemptions.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sanctions Award Strengthens Fight To Protect Confidential Company Records

    On October 18, 2017, a federal district judge in Alaska ordered a former employee to pay nearly $170,000 of his ex-employer's legal fees as sanction for removing nine attorney-client privileged documents...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice

    In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court's holding that an employer is not liable for failing to provide a COBRA notice to a terminated employee under ERISA § 502(c) where the employer followed reasonable procedures to ensure that notices were properly mailed.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    "See Ya Later, California!" Hewlett-Packard Moves Its HQ From Silicon Valley To Texas

    Following in the footsteps of scores of other employers that have relocated to more business-friendly states, Hewlett-Packard announced Wednesday that it's moving its global headquarters from San Jose
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Store Manager’s Disability And Harassment Claims Were Properly Dismissed

    Cynthia Lawler alleged disability discrimination, harassment, retaliation and intentional infliction of emotional distress associated with the termination of her employment.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Summary Judgment Was Properly Granted In Race Discrimination Case

    Ray Batarse sued the SEIU for race discrimination, among other things, associated with the termination of his employment.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Tenth Circuit Finds Plan Administrator Has No Duty To Inquire Into Authenticity Of Participant’s Beneficiary Designation

    Plaintiff Kristopher Towles, challenged the plan’s decision to pay the life insurance proceeds to the deceased’s husband, contending that the beneficiary form replacing him with the deceased husband had been forged.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Tenth Circuit Upholds Denial Of Residential Mental Health Treatment

    The Tenth Circuit upheld a claims administrator's decision denying a claim for residential mental health treatment as not medically necessary.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The PBGC Changes Flat-Rate Premium Due Date For Large Plans

    The PBGC finalized a proposed rule that changes the flat-rate premium due date for large plans to the same as their variable-rate due date, which is 9.5 calendar months after the beginning of the premium payment year (October 15th for calendar-year plans), effective as of the 2014 plan year.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
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