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  • Article

    District Court Enforces Forum Selection Clause In Employer's Benefits Plan

    A federal district court in North Carolina enforced a forum selection clause in a short-term disability plan and on that basis transferred the case to Wisconsin federal court.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    District Court Relies On Recent Supreme Court Decision To Uphold Plan Limitations Provision

    A federal district court in New Jersey granted summary judgment in favor of New Jersey Bac Health Fund, finding the limitations provision set forth in the Fund’s SPD to be reasonable.
    United StatesEmployment and HR
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    DOL's Request for Information on Employees' Use of Electronic Devices Expected in February 2016

    In its July 2015 notice of proposed rulemaking on the forthcoming changes to the "white collar" overtime regulations, the U.S. Department of Labor (DOL) recognized employer concerns regarding the remote use of electronic devices by overtime-eligible employees.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Issues Notices And Guidance On ARPA COBRA Premium Subsidy

    As we previously explained in prior blogs, the American Rescue Plan Act of 2021 ("ARPA") includes a 100% COBRA premium subsidy for periods of coverage occurring between April 1 and September 30, 2021 for certain eligible individuals.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Updates Model COBRA Notice In Light Of Health Care Reform

    Come 2014, the Health Insurance Exchanges will provide another option to COBRA "qualified beneficiaries" who are considering whether to elect to continue health coverage under an employer’s group plan.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    EEOC Hears Testimony Concerning Employer Wellness Programs And The Need For Agency Clarification

    Leslie Silverman, former EEOC Commissioner, now Co-Chair of Proskauer’s Government Regulatory and Contract Compliance Group, was part of a panel that testified before the EEOC today.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Electronic Self-Certification For Hardship Distributions May Be Insufficient, IRS Says

    The IRS recently has reminded plan sponsors to verify and document that hardship distributions comply with their plan document and the law, according to a recent posting by IRS Director of Employee Plans Examinations Monika Templeman on the IRS website, "Examination Tips for Hardship Distributions."
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employee's Meal And Rest Break PAGA Claims Survive Summary Judgment

    Cecilia Arce worked as a certified nursing assistant at a skilled nursing facility. After her employer terminated her, she brought claims under the Private Attorneys General Act ("PAGA")...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employee Can Sue Employer That Was Not Released In Prior Class Action

    Lynn Grande was assigned through a temporary staffing agency (FlexCare) to work as a nurse at Eisenhower Medical Center.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employee Recovers $131,000 For Unpaid Wages Against Former Employer

    Manuel Tabarrejo was employed as a caregiver by Princess Retirement Homes, Inc. ("PRH").
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employee Was Bound By Stipulated Injunction That Prohibited His Solicitation Of Customers

    In an underlying lawsuit, Wanke sued its former employees Scott Keck and Jacob Bozarth for misappropriation of trade secrets, among other things.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employee Who Was Sued By Former Employer Collects $271,000 From Employer

    PCGH sued its former employee, Thomas Keck, to collect on an unpaid promissory note.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer May Be Liable For Death Resulting From Drunk Employee’s Automobile Accident

    In December 2009, the Marriott Del Mar Hotel held its annual holiday party as a "thank you" to its employees and management.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Permitted To Proceed With Defense Of Class Action Based On "Rounding" Policy

    Pamela Silva sued her former employer, See’s Candy, for various wage-and-hour violations.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Properly Challenged CUIAB’s Determination That Worker Was Not An Independent Contractor

    After leaving his job as a massage therapist at West Hollywood Community Health & Fitness Center (d/b/a "Voda Spa"), Mario Serban applied for unemployment benefits.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Extended Statute Of Limitations Does Not Apply To Employer Of Felon

    On many occasions, Cardenas left Horizon without the knowledge of the staff; on one such occasion, Cardenas wandered for several miles and was hit by a car and killed.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fifth Circuit Borrows One-Year Statute Of Limitations For Section 502(C)(1) Claim

    The Fifth Circuit held that the statute of limitations for an ERISA § 502(c)(1) claim—a claim for penalties...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Fifth Circuit Stay Reinstates Preventive Services Mandate—For Now

    On Monday, the U.S. Court of Appeals for the Fifth Circuit issued an administrative stay of enforcement of the district court decision in Braidwood Management Inc. v. Becerra.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    First Circuit Reviews Top Hat Plan Benefits Denial For Abuse of Discretion

    The First Circuit recently applied an abuse of discretion standard of review to a claim for top hat plan benefits. Plaintiff Robert Niebauer, a former executive of Crane, brought a claim for executive severance plan benefits and a claim under ERISA section 510 for interference with his rights to benefits...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Flight Attendants Are Entitled To Labor Code Compliant Wage Statements

    Julie Gunther is an Alaska Airlines flight attendant who lives in San Diego.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 381–400 of 9759 results

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