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  • Article

    District Court In Tenth Circuit Adopts Presumption Of Prudence

    A district court in the Tenth Circuit adopted the presumption of prudence in dismissing a class action alleging that the defendants violated their fiduciary duties by allowing participants to continue investing in company stock at a time when the employer was allegedly experiencing significant financial difficulties.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    DOL Targets July 2016 For Release Of Final Overtime Rule

    In its Fall 2015 Semiannual Regulatory Agenda, published last week, the U.S. Department of Labor (DOL) estimated a July 2016 timetable for the publication of the Final Rule containing the agency's changes to the "white collar" overtime regulations.
    United StatesEmployment and HR
    Proskauer Rose LLP
Proskauer Rose LLP
  • Article

    DOL Won't Extend 60-Day Comment Period on Proposed Revisions to "White Collar" Exemptions

    .S. Department of Labor Wage and Hour Division chief David Weil reportedly told Congress yesterday that the agency won't extend the 60-day public comment period for its proposed revisions to the FLSA's "white collar" overtime exemptions
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Domestic Worker Bill Of Rights Made Permanent

    The Domestic Worker Bill of Rights, which regulates the hours of work of domestic work employees who are personal attendants and provides an overtime compensation rate for those employees and which was scheduled to be repealed on January 1, 2017, will remain the law in California.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Is Entitled To Recover Its Fees As Prevailing Party In Reporting Time Pay Case

    Two members of a putative class appealed from a trial court order granting summary judgment against them.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employer Was Not Liable For The Death Of A Pedestrian Caused By Employee

    Kim Rushton, an employee of the City of Los Angeles, struck and killed a pedestrian (Ralph Bingener) while Rushton was driving to work at the Hyperion Treatment Plant.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Employment Non-Discrimination Act Introduced Again

    The Employment Non-Discrimination Act ("ENDA") was introduced on April 25 as S-815. A companion bill HR 1755 was introduced in the House.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    ERISA Administrative Appeal Barred As Untimely

    The First Circuit held that a plaintiff failed to timely exhaust her administrative remedies under a long-term disability plan because the plan's 180-day time limit for submitting appeals commenced on the date the plaintiff received notice ...
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    ERISA Participant's Supplemental Submission Doesn't Restart Exhaustion Clock

    According to the court, the 90-day clock did not restart upon the submission of the additional documentation.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    First Circuit Enforces Arbitration of ERISA Dispute

    The First Circuit concluded that, pursuant to the applicable collective bargaining agreement, it was for an arbitrator, not the court, to decide whether the union's claim that the employer failed to properly fund a defined benefit pension plan was preempted by ERISA.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Foreign Nationals Don't Have ERISA Claims

    A federal district court in Pennsylvania held that it did not have subject matter jurisdiction to hear a claim for disability benefits under an ERISA plan brought by foreign nationals working in the Republic of Kosovo.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Georgetown Prevails In ERISA Fee Litigation Case

    A federal district court in the District of Columbia dismissed ERISA fiduciary-breach claims by participants in Georgetown's 403(b) retirement plans that were predicated on allegations that the
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Gov. Cuomo To Announce Minimum Wage Hike For State University Workers

    The announcement is planned for later today, and is estimated to affect some 28,000 state employees.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Judgment In Favor Of Commissioned Sales Representative Is Upheld

    Peter Reilly sued Inquest under the Independent Wholesale Representatives Contractual Relations Act of 1990, Civil Code § 1738.10, et seq. (the "Act"), which was created to protect sales representatives who receive commissions from, but who are not employed by, a manufacturer.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    LAPD Officer's $2.1 Million Jury Award For Retaliation Is Reversed

    Richard Joaquin alleged his employment as an LAPD officer was terminated in retaliation for his having filed a sexual harassment complaint against his supervisor, Sgt. James Sands.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Life Insurance Beneficiary Who Murdered Policyholder Is Not Entitled To Benefits

    Applying the common law "slayer rule," a federal district court in New York held that a beneficiary of an ERISA-governed life insurance plan forfeit his claim to insurance proceeds after he pled guilty to murdering the policyholder.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Life Insurer Compelled To Produce Attorney-Client Communications

    A federal district court in Ohio concluded that internal communications between a plan administrator and in-house counsel about
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    Minimal Allegations Were Sufficient To State Claim For Age Discrimination

    Kathryn Sheppard filed a brief, two-and-a-half page complaint in federal court alleging discrimination under the Age Discrimination in Employment Act ("ADEA") and wrongful termination under Oregon state law.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New California Law Protects Employee Use of Social Media

    California Governor Jerry Brown has signed a new law protecting employee use of social media.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Article

    New Class Action Lawsuits Asserting Violations of the MHPAEA

    Banner Health and the Kaiser Foundation were recently hit with separate class action lawsuits challenging their denials of certain mental health care coverage.
    United StatesEmployment and HR
    Proskauer Rose LLP
    Proskauer Rose LLP
  • Showing 81–100 of 9768 results

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