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9,759 results found

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  • Article

    Outside Salesperson Exemption Does Not Apply To Workers Whose Employer Controls Their Hours And Working Conditions

    Georgina Espinoza, an employee of Warehouse Demo Services ("Warehouse"), worked in a Costco and performed demonstrations of products. Warehouse did not lease the space...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    President Obama Expected To Increase Minimum Wage For Federal Contractor Employees

    President Obama is expected to announce at his State of the Union address that he will issue an executive order to increase the minimum wage for employees of federal contractors to $10.10 an hour.
    United StatesEmployment and HR
Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    Proposed Whistleblower Legislation Targets Employee Confidentiality Agreements

    The introduction of the Whistleblower Augmented Reward and Non-Retaliation Act of 2016 aims to strengthen whistleblower protections under both SOX and Dodd-Frank.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Rochester Issues FAQs On Newly Effective "Ban the Box" Ordinance

    Rochester recently posted FAQs highlighting key provisions of the city's "ban the box" ordinance, which takes effect today.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SCOTUS Invites Solicitor General To Submit Its View On ERISA Venue Selection Provisions

    We previously reported that a split Sixth Circuit panel enforced a venue selection clause in an ERISA plan.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    SEC Awards Nearly $2M In Whistleblower Bounties

    All three whistleblowers have chosen to remain anonymous.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Prohibits Retroactive Changes To Withdrawal Liability Interest Rate Assumptions

    The Second Circuit Court of Appeals recently issued a withdrawal liability decision of which both multiemployer pension plans and their contributing employers should be aware.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Second Circuit Requires Reevaluation Of ERISA Attorney Fee Judgment

    The Second Circuit determined that a district court erred when it denied an attorney fee award to an ERISA plaintiff who had sought benefits from a plan.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Seventh Circuit Holds Withdrawal Liability Cannot Be "Decelerated"

    The Seventh Circuit held that a multiemployer pension fund's withdrawal liability claim was barred by the six-year statute of limitations applicable
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sixth Circuit Dismisses ERISA Stock Drop Action Against Cliffs Natural Resources

    The Sixth Circuit affirmed the dismissal of ERISA stock drop claims by participants in the Cliffs Natural Resources' 401(k) Plan.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sixth Circuit Enforces Subrogation Clause

    The Court determined that the subrogation provision was contained within a document that served as the summary plan description as well as the plan document.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sixth Circuit: ERISA Exhaustion Not Required In Plan Amendment Suit

    The Sixth Circuit held that retirement plan participants were not required to exhaust their administrative remedies prior to bringing a claim alleging that a plan amendment violated ERISA.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Statute Of Limitations For Constructive Discharge Claim Began To Run After Employee's Resignation Date

    In an agreement between the parties dated December 16, 2009, the Postal Service agreed not to pursue criminal charges and Green agreed to retire.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Sub-Assignee Has Standing To Assert ERISA Claims

    The Eleventh Circuit held that a sub-assignee's claim for payment of a chiropractor's bills against Blue Cross and Blue Shield of Florida were within the scope of ERISA...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Supreme Court Affirms Enforceability Of Plan Limitations Provision

    Resolving a split among the Courts of Appeal, the United States Supreme Court affirmed the Second Circuit in finding enforceable a limitations provision in a long term disability ERISA plan that set forth the length of the limitations period as well as when the period commenced.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    The Supreme Court’s Decision To Affirm An Arbitrator’s Decision Compelling Class Arbitration May Be Most Notable For What Was Not Said

    ERISA plan sponsors, and employers more broadly, have been anxiously awaiting two rulings from the U.S. Supreme Court that they hope would clarify the ability to enforce class action waivers in arbitration agreements.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Third Circuit Rules That Johnson Controls Did Not Promise Lifetime Health Benefits

    The Third Circuit rejected a claim for lifetime health insurance benefits filed by retired employees of Johnson Controls, finding that the clear and unambiguous language of the CBAs and group insurance booklets did not guarantee lifetime health insurance benefits.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Trial Court Should Have Certified Class Claims Of Managerial Employees

    Plaintiffs claimed they spent from 50 to 95 percent of their time performing nonexempt duties.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    UPDATE: Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

    The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the "Ordinance") that was the subject of our post on April 27, 2020, has now become law.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    U.S. Department of Labor Announces a "Place of Celebration" Rule in Implementing the U.S. Supreme Court’s DOMA Decision With Regard to Employee Benefit Plans

    The U.S. Department of Labor recently announced that it too will interpret the term "spouse" as including a same-sex spouse legally married in any state or foreign jurisdiction that recognizes the marriage, even if the couple resides in a state that does not permit or recognize same-sex marriage, for purposes of ERISA, the Internal Revenue Code and governing DOL regulations.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 421–440 of 9759 results

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