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Employer Law Blog

Employer Law Blog

Addresses current issues, recent case studies and matters of statutory and regulatory compliance. By Sandberg, Phoenix & Von Gontard P.C.

http://employerlawblog.com/
  • Jun 19

    Federal Contractors: Are You Complying With New Paid Sick Leave Requirements?

    Federal Contractors: Are You Complying With New Paid Sick Leave Requirements?
    Executive Order 13706 established paid sick leave requirements for federal contractors and subcontractors and went into effect on January 1, 2017. Non-complying contractors are subject to monetary damages, attorneys’ fees, equitable…
  • Apr 18

    It’s Unanimou

    It’s Unanimou
    The SCOTUS handed down a definitive 9-0 decision on a case centered on issues surrounding appellate courts, district courts and Equal Employment Opportunity Commission subpoena requests. How will the decision impact employers?
  • Apr 6

    Sexual Orientation Discrimination Now Recognized Under Title VII

    Sexual Orientation Discrimination Now Recognized Under Title VII
    On April 4, 2017, the United States Court of Appeals for the Seventh Circuit for the first time recognized that sexual orientation discrimination is covered under Title VII of the 1964 Civil Rights Act. The case is Hively v. Ivy Tech…
Rank this Week: 770

Goldbach Law Group Blog

Goldbach Law Group Blog

Covers bankruptcy and employment law.

http://www.goldbachlaw.com/blog/
  • Jun 17

    The Tipping Game in California

    The Tipping Game in California
    Minimum wage is fairly standard and the laws surrounding it are generally laid out and easy to follow.  It’s a whole new ballgame for employers when they have tipped workers to consider.  If you employ servers, bartenders,…
  • Jun 1

    How Mental Health Issues Cost Employer’

    How Mental Health Issues Cost Employer’
    In today’s increasingly busy society your employee’s mental health should be a high priority.  Studies have shown that one out of four employees will experience some form of mental health issues throughout the year, with the…
  • May 30

    Saving Your Business With Chapter 11 Bankruptcy

    Saving Your Business With Chapter 11 Bankruptcy
    Is your small business struggling in this ever changing economy? Are you wondering what your options are? Do you have to liquidate your assets and close the business?  All good questions and the answer to them might just be Chapter…
Rank this Week: 562

Health Plan Law

Health Plan Law

Discusses employee benefit issues for group health plans. Covers ERISA, third party administrators, insurance brokers and agent, legal planning and risk management. By Roy F. Harmon III.

http://www.healthplanlaw.com
  • Apr 14

    :: Fifth Circuit Holds That ERISA Preempts Provider’s Promissory Estoppel Claim

    :: Fifth Circuit Holds That ERISA Preempts Provider’s Promissory Estoppel Claim
    To the extent that a health-care provider’s promissory-estoppel claim depends on and derives from the rights of the plan participants and beneficiaries to recover benefits under an ERISA plan’s terms, the claim is preempted. . . .…
  • Jan 23

    :: Third Circuit Reverses District Court Dismissal of FCRA Class Action For Data Breach

    :: Third Circuit Reverses District Court Dismissal of FCRA Class Action For Data Breach
    So the Plaintiffs here do not allege a mere technical or procedural violation of FCRA.  They allege instead the unauthorized dissemination of their own private information – the very injury that FCRA is intended to prevent.  …
  • Jan 20

    :: Counterclaims Do Not Support Removal to Federal Court

    :: Counterclaims Do Not Support Removal to Federal Court
    Defendant further asserts that removal is appropriate because defendants have asserted counterclaims under ERISA § 502(a); defendants have expressly asserted ERISA preemption under § 514 as an affirmative defense in their answer to…
Rank this Week: 875

Employment Update

Employment Update

Covers current issues in employment, labor and benefits law. By Schwabe Williamson & Wyatt.

http://employmentupdate.schwabeblog.com/
  • Apr 12

    ORLA Files Its Request for En Banc Review in Tip ‎Pooling Case ‎

    ORLA Files Its Request for En Banc Review in Tip ‎Pooling Case ‎
    On February 23, 2016, the Ninth Circuit Court of Appeals issued a decision in Oregon Restaurant and Lodging v. Perez that reversed a long-standing practice of many Oregon restaurant owners to pool the tips received by employees and…
  • Apr 4

    Update on Salary Increase for the FLSA White Collar Exemption

    Update on Salary Increase for the FLSA White Collar Exemption
    By Jean Back Update on Salary Increase for the FLSA White Collar Exemptions On March 17, 2016, Representatives Walberg and Kline proposed a new bill, HR 4773 entitled “Protecting Workplace Advancement and Opportunity Act,” which…
  • Mar 4

    New Restrictions on Tip Pooling

    New Restrictions on Tip Pooling
    By Jean Ohman Back On February 23, 2016, the Ninth Circuit Court of Appeals decided Oregon Restaurant and Lodging Association v. Perez, which validated a new Department of Labor (DOL) regulation that limits the tip pooling practices of…
Rank this Week: 754

ACA Review

ACA Review

Covers labor and employment, tax, employee benefits and healthcare law issues associated with the Affordable Care Act. By Balch & Bingham LLP.

http://www.acareview.com/
  • Jun 23

    Hull Speed, Codgers, and Pre-Existing Conditions: What Does the Senate Bill Do?

    Hull Speed, Codgers, and Pre-Existing Conditions: What Does the Senate Bill Do?
    Many other things being equal, the longer the sail boat, the faster it can go before its bow wave defeats further speed increase.  However, as any boat approaches its “hull speed,” an increasing amount of energy is required…
  • Jun 22

    Get Ready for “On The Motion to Amend the Amendment of the Amendment of the Amendment …”

    Get Ready for “On The Motion to Amend the Amendment of the Amendment of the Amendment …”
    The “Discussion Draft” released June 22, 2017 by the Senate Budget Committee carries the House Bill number (H.R. 1628) of the American Health Care Act, and kills taxes like the House bill, but there are major…
  • Jun 22

    “But Officer, He Came Out of Nowhere!”

    “But Officer, He Came Out of Nowhere!”
    Lots of wrecks happen because drivers, staring at what’s directly in front of them, are unaware of dangers coming from other directions. This is an ACA blog, so right now we’re staring at the ACA changes being proposed by the…
Rank this Week: 2433

Employment & Labor Insider

Employment & Labor Insider

Discusses timely issues in labor and employment law and human resources from management's perspective, with subjects ranging from discrimination to employee handbooks and religious accommodations. By Constangy, Brooks & Smith, LLP.

http://www.employmentandlaborinsider.com/
  • Jun 23

    It’s SUMMER! Top 4 ways employers can get burned

    It’s SUMMER! Top 4 ways employers can get burned
    We officially entered the season of summer this week. What are the most common ways employers can get burned? I can think of four right off the bat. (In the 1960s, melanoma was cool.) Sexist air conditioning. It seems like a long time…
  • Jun 21

    OFCCP, Google awaiting a decision

    OFCCP, Google awaiting a decision
    The hearing on the lawsuit filed by the Office of Federal Contract Compliance Programs against Google concluded on Friday, May 26, in San Francisco. As I’ve reported here, here, and here, the OFCCP is seeking historical pay data as…
  • Jun 16

    In honor of Father’s Day, a look at paid parental leave

    In honor of Father’s Day, a look at paid parental leave
    Happy Father’s Day to all of our readers who are dads, who have dads, or who love one or more dads. As most of our readers know, there has been a movement — for which most of the credit goes to Ivanka Trump — to get some…
Rank this Week: 3236

HR & Benefits Update

HR & Benefits Update

Covers human resources and other workforce management, compensation and employee benefits laws, policies and practices. By Solutions Law Press.

http://slphrbenefitsupdate.com/
Rank this Week: 5075

ERISA Lawyer Blog

ERISA Lawyer Blog

Covers employeee benefits, ERISA, and employment law. By Stanley D. Baum.

http://www.erisalawyerblog.com/
Rank this Week: 4074

PVW Tax & Business Law Blog

PVW Tax & Business Law Blog

Covers issues that concern business entities, taxation, and employment law. By Parsonage Vandenack Williams LLC.

http://www.pvwtaxandbusinesslaw.wordpress.com/
  • Jun 21

    A Business Entity on the Rise: The Public Benefit Corporation

    A Business Entity on the Rise: The Public Benefit Corporation
    Until recently, many entrepreneurs were struggling to use their businesses to create a positive social change, mainly because traditional corporate laws require a corporation’s purpose to focus on maximizing shareholder value. …
  • Jun 14

    Department of Labor Withdraws 2016 Guidance on “Joint Employment”

    Department of Labor Withdraws 2016 Guidance on “Joint Employment”
    By James Pieper On June 7, 2017, new Secretary of Labor Alexander Acosta withdrew guidance provided under the prior administration by the Department of Labor’s Wage and Hour Division that had staked out a broader interpretation of when…
  • Jun 13

    Legacy ERISA Regulation Triggers Fiduciary Acknowledgement and Disclosures from Plan Adviser

    Legacy ERISA Regulation Triggers Fiduciary Acknowledgement and Disclosures from Plan Adviser
    By Monte Schatz The Department of Labor’s fiduciary rule became effective June 9, 2017.  A whole new set of client disclosures will be required for advisers who previously were not operating under the fiduciary standard. …
Rank this Week: 2066

Abuser Goes to Work

Abuser Goes to Work

Employment law blog about workplace abuse, bullying and discrimination. By Patricia Barnes.

http://abusergoestowork.com
  • Jun 20

    Study Finds Job Call-Back Rates Begin Steep Decline in 40’

    Study Finds Job Call-Back Rates Begin Steep Decline in 40’
    The callback rate for job applicants begins to fall significantly around the age of 40-45 and is close to zero by the age of 70. This was the “striking” finding of a recent Swedish study in which more than 6,000 fictitious resumes…
  • Jun 12

    Cosby Trial & the Madonna Whore Complex

    Cosby Trial & the Madonna Whore Complex
    According to the news report, all eyes were on Bill Cosby’s wife,  Camille Cosby, as she entered the courtroom and found her seat while the judge was speaking. “By allowing Cosby’s wife to enter the courtroom in the…
  • Jun 1

    EEOC & AARP: The Willfully Blind leading the Willfully Blind?

    EEOC & AARP: The Willfully Blind leading the Willfully Blind?
    You can’t make this stuff up. The EEOC has announced that age discrimination will be a “special focus” of its major annual “training event” for employers  later this month to mark the 50th anniversary…
Rank this Week: 2107

Benefits Law Update

Benefits Law Update

Provides updates and commentary on employee benefit plans and executive compensation arrangements. By Verrill Dana, LLP.

http://www.employeebenefitsupdate.com/
Rank this Week: 3128

James M. Hoffmann Blog

James M. Hoffmann Blog

Covers Missouri workers' compensation and personal injury.

http://www.hoffmannworkcomp.com/category/blog/
  • Jun 20

    Can You Claim St Louis Work Comp Benefits for a Stress Related Illness?

    Can You Claim St Louis Work Comp Benefits for a Stress Related Illness?
    Filing a claim for a work-related stress illness is difficult but not impossible. Workers compensation is something we can claim if we have an injury at work such as a trip or fall, or if we become ill due to our work conditions. But one…
  • Jun 15

    Workplace Injuries Suffered by Casino Workers – St. Louis Work Injury Lawyer

    Workplace Injuries Suffered by Casino Workers – St. Louis Work Injury Lawyer
    There are many different roles in the casino industry, each with their own set of risks. Many find casinos to be a lot fun, but for anyone working in a casino, there are also many ways in which they can suffer an injury. There are many…
  • Jun 14

    Tree Trimming and Risk of Work Related Accidents – St. Louis Attorney

    Tree Trimming and Risk of Work Related Accidents – St. Louis Attorney
    Tree trimmers are exposed to many hazards that can make their job dangerous and put them at risk of injury. There is a lot of work for tree trimmers when the weather gets warmer, suddenly all the trees and bushes are growing fast. These can…
Rank this Week: 1407

Technology Company Counselor

Technology Company Counselor

Covers benefits and compensation, employment law, immigration, intellectual property, litigation, securities, tax planning, and transactional issues affecting technology companies. By Epstein Becker Green.

http://www.techcompanycounselor.com/
  • Jun 19

    HR Tech and People Analytics: An Interview with Howard Gerver, President and Founder HR Best Practice

    HR Tech and People Analytics: An Interview with Howard Gerver, President and Founder HR Best Practice
    Howard Gerver is a self-proclaimed human capital data geek.  His “day job” specializes in finding innovative and practical ways to save money by identifying “golden nuggets” mined from Big HR Data sets, such…
  • Jun 14

    ADA Trial Verdict Is Not Good for Places of Public Accommodation

    ADA Trial Verdict Is Not Good for Places of Public Accommodation
    Our colleague Joshua A. Stein, a Member of the Firm at Epstein Becker Green, has a post on the Retail Labor and Employment Law blog that will be of interest to many of our readers in the technology industry: “Nation’s First…
  • Jun 1

    FTC Warns Employers: Keep Background Check Disclosures Simple

    FTC Warns Employers: Keep Background Check Disclosures Simple
    The Federal Trade Commission (“FTC”) recently issued guidance discussing certain disclosure and authorization requirements that employers must satisfy prior to obtaining background screening reports for prospective…
Rank this Week: 3137

Employment and Labour Law

Employment and Labour Law

Covers employment law in Canada. BY FMC Law.

http://www.employmentandlabour.com
  • Jun 19

    BC AND ALBERTA PENSION PLAN ASSESSMENTS – DEADLINE APPROACHING

    BC AND ALBERTA PENSION PLAN ASSESSMENTS – DEADLINE APPROACHING
    As part of the enhanced governance requirements under British Columbia’s Pension Benefits Standard Act and Alberta’s Employment Pension Plans Act, pension plan administrators in Alberta and British Columbia are required to conduct…
  • May 19

    Interesting times for employers with Ontario pension plan

    Interesting times for employers with Ontario pension plan
    Yesterday the Ontario Deputy Superintendent of Pensions released a formal statement that included the comment:  “these are interesting times in the pension sector.”  How true. Many long-anticipated improvements to…
  • May 15

    Changing Workplaces Review to be Released May 22: Media Report

    Changing Workplaces Review to be Released May 22: Media Report
    The countdown is on. Over the weekend the Toronto Star and the CBC each published stories detailing what Ontarians can expect to see in the long awaited final report from the Changing Workplaces Review when it is released later this month.…
Rank this Week: 3692

Unemployed and Scared

Unemployed and Scared

Appeals and tips specific to Minnesota's unemployment process. By IAJ Law, LLC.

http://iajlaw.com/news-articles/unemployment/
  • Jun 19

    Unemployment Penalties Can Bite Back

    Unemployment Penalties Can Bite Back
    Unemployment penalties are getting out of hand in Minnesota.  Even worse, unemployment laws in Minnesota are getting worse. Applicants scratching their head as a result [Read More] The post Unemployment Penalties Can Bite Back appeared…
  • Jun 9

    Translate Unemployment and a Different Language

    Translate Unemployment and a Different Language
    Applicants that speak and read a different language should always ask the unemployment office in Minnesota for a translator. Whether applicants are asking simple questions [Read More] The post Translate Unemployment and a Different Language…
  • May 26

    Can you Rank MN Unemployment Judges?

    Can you Rank MN Unemployment Judges?
    MN unemployment judges are tricky.  For one, most people have never spoken to a judge before.  Second, it is difficult to find information online. Yes, Read More ... The post Can you Rank MN Unemployment Judges? appeared first on…
Rank this Week: 1208

California Insurance Lawyer Blog

California Insurance Lawyer Blog

Covers various ERISA, disability, health, and life insurance issues. By Kantor & Kantor.

http://www.californiainsurancelawyerblog.com/
  • Jun 16

    Tips for Talking to a Lawyer

    Tips for Talking to a Lawyer
    There may come a time in your life when you will need to consult with a lawyer – whether it be good news or bad news. We routinely speak with individuals who have had life, health, and disability claims denied by their insurance…
  • May 30

    The latest on “Discretionary Clauses” in California (Insurance Code section 10110.6)

    The latest on “Discretionary Clauses” in California (Insurance Code section 10110.6)
    On May 11, 2017, the US Court of Appeals for the Ninth Circuit issued a decision in Orzechowski v. Boeing Co. Non-Union LTD Plan, et al., Case No. 14-55919 (9th Circ. May 11, 2017) upholding the application of the California law which…
  • May 19

    “There used to be considerable skepticism that Fibromyalgia was a real disease. No more.”

    “There used to be considerable skepticism that Fibromyalgia was a real disease. No more.”
    “There used to be considerable skepticism that Fibromyalgia was a real disease. No more.” —Kennedy v. The Lilly Extended Disability Plan, –F.3d–, 2017 WL 2178091 (7th Cir., 2017) It has been said that disability…
Rank this Week: 1709

The Case Law Firm Blog

The Case Law Firm Blog

An employment law blog for employees.

http://www.thecaselawfirm.com/blog
  • Jun 2

    Trump’s Paid Parental Leave Proposal: Yay or Nay

    Trump’s Paid Parental Leave Proposal: Yay or Nay
    A Problematic Start with Good Intentions While many are against some of the cuts that President Trump introduced last week in his budget proposal, others are enthusiastic about the included paid parental  leave plan. Trump’s paid…
  • May 25

    Employment News You Can Use – Advice for recent college graduate

    Employment News You Can Use – Advice for recent college graduate
    It is that time of year again! Commencement speeches have been heard, cardboard hats have sailed and congratulations are in order for all of the recent college grads. You’ve gone through 4 years of higher education and are ready to…
  • May 4

    Is the Working Families Flexibility Act Good for Employees?

    Is the Working Families Flexibility Act Good for Employees?
    Some say the Working Families Flexibility Act benefits employees while others worry employers will use it to cheat employees out of wages. This week the House of Representatives passed the Working Families Flexibility…
Rank this Week: 1520

Employee Benefits Law Report

Employee Benefits Law Report

Covers legal developments and trends affecting employee benefits. By Porter Wright Morris & Arthur LLP.

http://www.employeebenefitslawreport.com
  • Jun 1

    The “final” countdown: DOL fiduciary rule still applies June 9, 2017

    The “final” countdown: DOL fiduciary rule still applies June 9, 2017
    Much has been written to speculate what may become of the Department of Labor’s (DOL) fiduciary rule. Recently, the DOL issued a FAQ confirming that the new fiduciary rule will become effective June 9, 2017. Transition exemptions that…
  • May 15

    Will the DOL continue to make ESOPs a compliance priority?

    Will the DOL continue to make ESOPs a compliance priority?
    One question that has been on the minds of plan sponsors is how aggressive the Department of Labor (DOL) under President Trump will be compared to that of President Obama. In recent years, the DOL made a priority of investigating ERISA…
  • Apr 7

    ERISA fiduciary rule delayed to June 9, 2017, with bonus transition relief through 2017

    ERISA fiduciary rule delayed to June 9, 2017, with bonus transition relief through 2017
    Today (April 7, 2017), the Department of Labor (DOL) published in the Federal Register a final rule delaying the new ERISA fiduciary rule until June 9, 2017. Everyone expected a comprehensive 60-day delay to the rule, including the related…
Rank this Week: 3957

GSA Law

GSA Law

Covers New York employment and employee benefits law. By Giskan Solotaroff & Anderson LLP.

http://www.newyorkemploymentlawyersblog.com/
Rank this Week: 2080

Pension Risk Matters

Pension Risk Matters

Focuses on pension financial risk issues from a governance and fiduciary perspective. Published by Susan M. Mangiero.

http://www.pensionriskmatters.com/
  • May 15

    CLE Webinar About ERISA and Hedge Funds and Private Equity Fund

    CLE Webinar About ERISA and Hedge Funds and Private Equity Fund
  • Apr 25

    Investment Fraud and the Role of Trust

    Investment Fraud and the Role of Trust
    This article entitled “Investment Fraud and the Role of Trust” by Dr. Susan Mangiero was originally published on April 19, 2017 in The Fraud Examiner, a publication of the Association of Certified Fraud Examiners that is…
  • Apr 9

    Funny Courtroom Film Still Used For Teaching

    Funny Courtroom Film Still Used For Teaching
    I had a chance to watch My Cousin Vinny on television the other night and was reminded how humor is such a powerful storytelling tool. How many times do we remember important concepts because the speaker or writer makes us laugh? Tickling our…
Rank this Week: 3461

Southwest Florida Employment Law…

Southwest Florida Employment Law Blog

Covers discrimination, employee benefits, terminations, leave policies, unions, and wages & overtime. By Henderson Franklin.

http://www.swflemploymentlawblog.com/
  • May 10

    HR Law & Solutions Seminar: Here’s to 25 Years!

    HR Law & Solutions Seminar: Here’s to 25 Years!
    Can you believe it’s been two months since we hosted the 25th Anniversary HR Law & Solutions seminar? Where does the time go?! Thank you so much to the nearly 400 people who attended – it was a record-breaking day! As usual,…
  • Apr 18

    Update on Attorney’s Fees in Workers’ Compensation Case

    Update on Attorney’s Fees in Workers’ Compensation Case
    Guest post by Michael McCabe, Esquire It has now been almost one year since the Florida Supreme Court, in Castellanos v. Next Door Co., held that statutory fee limitations on what an injured worker’s attorney could be paid were…
  • Jan 23

    Registration is Open – 25th Annual HR Law & Solutions – March 10, 2017

    Registration is Open – 25th Annual HR Law & Solutions – March 10, 2017
    Make plans now to attend the biggest employment law conference in Southwest Florida, HR Law & Solutions, now in its 25th year! Henderson Franklin’s Employment Law and Workers’ Compensation attorneys will return to Sanibel…
Rank this Week: 3120

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

Covers ERISA, insurance coverage, and insurance bad faith. By Stephen Rosenberg.

http://www.bostonerisalaw.com/
  • Apr 27

    At the Intersection of the NFL Draft, ERISA, Divorce, Venue and Spousal Benefit

    At the Intersection of the NFL Draft, ERISA, Divorce, Venue and Spousal Benefit
    Is there a more hyped sporting event with less substance than the NFL Draft? Does everyone on the internet drive traffic to their sites by linking to the draft if at all possible? Well, of course the answer to both questions is yes, and so I…
  • Apr 4

    Uber, Behavioral Economics, Choice Architecture and Trial Work

    Uber, Behavioral Economics, Choice Architecture and Trial Work
    There is a lot of discussion on whether lawyers should be required to have at least a certain degree of competency with technology as a core skill set, on a par with, for instance, the rules of evidence. Personally, I am not convinced of the…
  • Mar 29

    Notes (and a Prediction) on the Supreme Court Argument on Church Plan

    Notes (and a Prediction) on the Supreme Court Argument on Church Plan
    I have used this anecdote before, so you can jump ahead if you have either read something where I have written it before or heard a talk of mine where I have said it, but if you haven’t, I have always thought it is a good lead in to any…
Rank this Week: 2151

Michigan Longterm Disability…

Michigan Longterm Disability Insurance Lawyer Blog

Covers ERISA, insurance bad faith, and LTD policy issues. By Serafini, Michalowski, Derkacz & Associates P.C.

http://www.michiganlongtermdisabilityinsurancelawyer.com/
  • Mar 3

    “Own” vs “Any” Occupation in Long Term Disability Insurance Plan

    “Own” vs “Any” Occupation in Long Term Disability Insurance Plan
    Almost every Long Term Disability Insurance Policy I have ever reviewed contains a limited period (usually 24 months) of time that it will pay benefits if a claimant is unable to perform the duties of  his/her “Own” (see…
  • Mar 3

    “Own” vs “Any” Occupation in Long Term Disability Insurance Plan

    “Own” vs “Any” Occupation in Long Term Disability Insurance Plan
    Almost every Long Term Disability Insurance Policy I have ever reviewed contains a limited period (usually 24 months) of time that it will pay benefits if a claimant is unable to perform the duties of  his/her “Own” (see…
  • Nov 15

    The misleading nature of “Own Occupation”

    The misleading nature of “Own Occupation”
    I was recently asked to review a claim denial by a well know disability insurer for a nice lady who suffered a terrible crush injury  to her foot.  She had worked at a production facility where her job duties required her to be…
Rank this Week: 4333

Employment Law Alert

Employment Law Alert

Covers employment law topics, including discrimination, employment agreements, family leave, privacy and restrictive covenants. By Gibbons.

http://www.employmentlawalert.com
  • Feb 16

    Eleventh Circuit Widens Circuit Split on Accommodation Issue

    Eleventh Circuit Widens Circuit Split on Accommodation Issue
    Consider the following scenario: Because of a disability an employee is unable to perform an essential function of his or her current position and there is no reasonable accommodation that will enable the employee to remain in that position.…
  • Feb 15

    The Third Circuit Goes Its Own Way on ADEA Disparate Impact Claim

    The Third Circuit Goes Its Own Way on ADEA Disparate Impact Claim
    The Age Discrimination in Employment Act (ADEA) protects from discrimination of employees who are at least 40 years of age. Recently, in Karlo v. Pittsburgh Glass Works, the United States Court of Appeals for the Third Circuit departed…
  • Feb 6

    Philadelphia Adopts Wage Equity Ordinance

    Philadelphia Adopts Wage Equity Ordinance
    On January 23, 2017, Philadelphia Mayor Jim Kenney signed the Wage Equity Bill into law. The new law, influenced by the Massachusetts pay equity law, makes it unlawful for Philadelphia employers and employment agencies to ask about an…
Rank this Week: 3571

Drew Capuder's Employment Law Blog

Drew Capuder's Employment Law Blog

Covers employment law news and analysis, focusing on the US Supreme Court, the Fourth Circuit, and the Supreme Court of West Virginia. By Drew M. Capuder.

http://www.dcemploymentlawblog.com/
  • Feb 3

    Rex Tillerson’s First Speech at the State Department: Lessons for Employer

    Rex Tillerson’s First Speech at the State Department: Lessons for Employer
    Lessons for Employers The U.S. State Department has about 70,000 employees. Rex Tillerson was confirmed as President Trump's pick for Secretary of State, and yesterday was his first day on the job.So Tillerson spoke yesterday to hundreds…
  • Feb 2

    Drew Capuder Will Be Speaking at Sterling Employment Law Seminar

    Drew Capuder Will Be Speaking at Sterling Employment Law Seminar
    On March 29, 2017, I will be speaking and presenting an article on “The Perilous Intersection of FMLA and ADA,” at a seminar hosted by Sterling Education Services. The Seminar, “Employment Law: Rights, Benefits, and…
  • Nov 14

    We Are All Parisian

    We Are All Parisian
    Read this article about how Paris supported the United States after 9–11. Le Monde wrote “We are all Americans”. We owe them nothing less. We are all Parisians. Let La Marseillaise sing for those injured and killed in the…
Rank this Week: 3143

The Problem is ERISA

The Problem is ERISA

ERISA is the federal law governing employee benefits, like your health insurance. If you get your insurance through your employment, and if you think "insurance" is an enforceable contract that the insurer will cover what it says it will, then you don't have insurance at all -- you only think you do.

http://problemiserisa.blogspot.com
  • Dec 31

    A whole year's worth in one post

    A whole year's worth in one post
    So the break from blogging has extended far longer than originally planned. Lest an entire calendar year pass without a post, let me lust say on New Year's Eve that ERISA remains a problem for those who have insurance and pension claims…
  • Jan 12

    ERISA insurers subject to punitive damages? Yes, says New York federal court

    ERISA insurers subject to punitive damages? Yes, says New York federal court
    Not much time to day, and I'll follow up on this later on, but this is a potentially big deal (indeed it will be a very big deal if it catches on).Back in 2011 the Supreme Court opened the door to the possibility of aggrieved ERISA claimants…
  • Aug 29

    Baby Steps: Two Recent Court of Appeal Decisions Move Deferential Judicial Analysis in the Right Direction

    Baby Steps: Two Recent Court of Appeal Decisions Move Deferential Judicial Analysis in the Right Direction
    I used to tell clients that, if their case is subject to ERISA’s absurd abuse-of-discretion, insurer-can’t-lose burden of proof (I refuse to call it “standard of review” as many do, ‘cause that’s bogus …
Rank this Week: 1865

New Jersey Employment Law Blog

New Jersey Employment Law Blog

Covers CEPA/whistleblower, ERISA, non-compete agreements, sexual harassment, Title VII, USERRA and workers compensation. By Steinberg Law Offices.

http://employment.lawfirmnewjersey.com/
  • Dec 28

    Some Year-End Employment Law Thoughts for NJ

    Some Year-End Employment Law Thoughts for NJ
    There are two business days left until we hit 2017, so this is a good time for a handful of parting thoughts on the employment law landscape, plus some suggestions on how to hit the ground running in the New Year. 2016 saw significant…
  • Dec 4

    Requiem For A Friend: James Ventantonio, Esq.

    Requiem For A Friend: James Ventantonio, Esq.
    A few days ago a leading light of Somerset County was extinguished unexpectedly.  Jim Ventantonio was taken from us far too soon, at a still youthful 76 years of age.  Jim embodied personal decency, professional accomplishment, and…
  • Dec 2

    Unemployment Theft Punished by 7 Year

    Unemployment Theft Punished by 7 Year
    The question: how did she get away with it for so long?  The woman in question used 24 false identities to collect $345,000 in fraudulent unemployment benefits.  Story here. It seems like crime paid in this case, at least for a…
Rank this Week: 2829

Atlanta Overtime Lawyers Blog

Atlanta Overtime Lawyers Blog

Covers employment law with an emphasis in overtime. By Martin & Martin L.L.P.

http://www.atlantaovertimelawyersblog.com/
Rank this Week: 2046

FLSA Cases

FLSA Cases

Covers FLSA violations, minimum wage and overtime cases. By Will Aitchison.

http://flsacases.com/
Rank this Week: 3382

The Kielich Law Firm Blog

The Kielich Law Firm Blog

Covers employment law, personal injury and family law issues related to Texas and federal law.

http://kielichlawfirm.com/blog
  • Feb 16

    Spousal support in Texa

    Spousal support in Texa
    There is no guarantee of alimony or spousal maintenance in a Texas divorce. Texas, like many states, changed its family relations laws (our Texas Family Code) in recent decades to curb the power of family court judges in Fort Worth, Dallas,…
  • Feb 8

    7 Tips for Taking FMLA Leave — Fort Worth Employment Attorney

    7 Tips for Taking FMLA Leave — Fort Worth Employment Attorney
    Most of my work with clients involves helping clients after they have sought FMLA leave and the employer has already violated their FMLA rights but it’s equally as important that employees understand how to properly exercise their…
  • Feb 1

    Enforcing child support with child support liens and QDROs with Bedford Divorce Attorney

    Enforcing child support with child support liens and QDROs with Bedford Divorce Attorney
    Unpaid child support is a serious problems for many families where the child support may be the difference between keeping food on the table or lights on in the home. Enforcing child support in court can be a challenge when the child support…
Rank this Week: 2415

Employee Benefits Counsel

Employee Benefits Counsel

Covers employee benefits litigation and counseling. By Littler Mendelson PC.

http://www.littler.com/blog/employment-benefits-counsel
  • Apr 29

    Bill Seeks to Repeal Excise Tax on "Cadillac" Health Plan

    Bill Seeks to Repeal Excise Tax on "Cadillac" Health Plan
    An important provision of the Affordable Care Act (ACA) is a new target for repeal. On April 28, 2015, Rep. Joe Courtney (D-CT) introduced legislation (H.R. 2050) to eliminate the 40% excise tax on high-premium "Cadillac" health insurance…
  • Apr 16

    EEOC Issues Proposed Rule Addressing ADA Compliance and Wellness Program

    EEOC Issues Proposed Rule Addressing ADA Compliance and Wellness Program
    The Equal Employment Opportunity Commission has issued a proposal to provide guidance on how to structure an employee wellness program without running afoul of the Americans with Disabilities Act.read more
  • Apr 8

    EBSA to Conduct Fiduciary Seminar

    EBSA to Conduct Fiduciary Seminar
    The Department of Labor's Employee Benefits Security Administration has announced it will conduct a series of seminars entitled: "Getting It Right - Know Your Fiduciary Responsibilities" at the following dates and locations: read more
Rank this Week: 3937

The Pension Protection Act Blog

The Pension Protection Act Blog

Covers retirement plans, defined benefit plans, ERISA, and ESOPs. By Suzanne L. Wynn.

http://erisafile.com/blog/
  • Feb 18

    IRS Issues Obamacare Penalty Relief for Small Employer

    IRS Issues Obamacare Penalty Relief for Small Employer
    The maxim that the IRS waits until after noon ET to release guidance worth reading was re-enforced today when the IRS released Notice 2015-17 this afternoon. In Notice 2015-17, the IRS provides transition relief from Code section 4980D excise…
  • Nov 1

    6th Circuit Says Girl Scouts Trapped in Hotel California-Style MEP

    6th Circuit Says Girl Scouts Trapped in Hotel California-Style MEP
    That hotbed of ERISA litigation, the U.S. Court of Appeals for the 6th Circuit, released another ERISA opinion on Oct. 23, 2014, which brings to mind that line by the Eagles: “You can check-out any time you like, But you ……
  • Oct 18

    US Supreme Court to Hear Retiree Healthcare Benefits Case in Nov. 2014

    US Supreme Court to Hear Retiree Healthcare Benefits Case in Nov. 2014
    In a few weeks, on Nov. 10, 2014, the U.S. Supreme Court will hear oral arguments in M&G Polymers USA, LLC v. Tackett. The case is out of that hotbed of ERISA litigation, the U.S. Court of Appeals for the … Continue reading →
Rank this Week: 3357

Life, Health and Disability…

Life, Health and Disability Insurance Law Blog

Covers ERISA and non-ERISA issues on disability, life and health insurance law. By Barger & Wolen.

http://www.lifehealthdisabilityinsurancelaw.com/
  • Oct 17

    Concurrent Causation from "A Medley of Interesting Disability Cases"

    Concurrent Causation from "A Medley of Interesting Disability Cases"
    Kruk v. Metropolitan Life Ins. Co.,2013 U.S. Dist. LEXIS 35637 (D. Conn. 2013) Facts and holding: Rita Kruk (“Kruk”), a Human Resources Specialist, was a participant in an ERISA plan provided through her employment that provided…
  • Sep 2

    Barger & Wolen and Hinshaw & Culbertson Announce Merger

    Barger & Wolen and Hinshaw & Culbertson Announce Merger
    Combined Firms Create Powerhouse Insurance Practice with 120 Attorneys Dedicated to Serving the Insurance Industry    Chicago and Los Angeles — September 2, 2014 — Barger & Wolen and Hinshaw & Culberston, a…
  • Aug 25

    Burden of Proof: The "What Changed?" Argument from "A Medley of Interesting Disability Cases"

    Burden of Proof: The "What Changed?" Argument from "A Medley of Interesting Disability Cases"
    Hegger v. Unum Life Ins. Co. of America, 2013 U.S. Dist. LEXIS 28587 (N.D. Cal. 2013) Facts and holding: Plaintiff Tami Hegger (“Hegger”) was employed as a medical device sales representative until she left work in December…
Rank this Week: 4832

California Employee Rights Law…

California Employee Rights Law Blog

Comments on Employee Benefits and Employment Law. By Adams, Nye, Becht L.L.P.

http://www.calemployeerights.com/
Rank this Week: 2092

San Francisco Bay Area Lawyer Blog

San Francisco Bay Area Lawyer Blog

Comments on Bay Area employment law. By The Mazzola Law Office P.C.

http://www.sfbayareaemploymentlawyerblog.com/
Rank this Week: 2077

Florida ERISA Blog

Florida ERISA Blog

Covers recent developments in ERISA and employee benefits law in Florida. By Marcus Castillo.

http://floridaerisa.blogspot.com/
  • Jun 25

    Lessons From The Howard Case

    Lessons From The Howard Case
    Last year I had the opportunity to attend a gathering of many of the ERISA litigators in Florida, both plaintiff and defense. One of the hot topics at that conference was a case known as Howard v. Hartford Life & Accident Insurance Co.…
  • May 21

    A Great Resource Book

    A Great Resource Book
    I recently had the opportunity to review PLI's ERISA Litigation Answer Book 2013.If you're new to ERISA litigation and need a quick overview of the landscape or need a handy desk reference this is a great resource. The Q and A format combined…
  • May 6

    ERISA Liens: Big As Ever

    ERISA Liens: Big As Ever
    In my last blog post I overviewed the opposing arguments heard by the Supreme Court in U.S. Airways v. McCutchen. On April 16, 2013 the court handed down its decision: one clearly favorable to health insurance carriers seeking reimbursement…
Rank this Week: 1139

California Insurance Litigation…

California Insurance Litigation Blog

Covers California insurance law and litigation, including ERISA law, class actions and unfair business practices. By McKennon Schindler LLP.

http://www.californiainsurancelitigation.com
Rank this Week: 4734

Pensions & Benefits Weblog

Pensions & Benefits Weblog

Covers accounting, cash balance plans, IRS 409A, PPA and more.

http://fuguerre.wordpress.com
  • Nov 17

    Waiver of PBGC Premium Penaltie

    Waiver of PBGC Premium Penaltie
    The Pension Benefit Guaranty Corporation has codified it policy guidance on premium penalty waivers as an appendix to its premium payment regulation, effective for PBGC actions taken on or after December 18, 2006. [FR E6-19436] The PBGC…
  • Nov 17

    Waiver of PBGC Premium Penaltie

    Waiver of PBGC Premium Penaltie
    The Pension Benefit Guaranty Corporation has codified it policy guidance on premium penalty waivers as an appendix to its premium payment regulation, effective for PBGC actions taken on or after December 18, 2006. [FR E6-19436] The PBGC…
  • Nov 1

    By Any Other Name

    By Any Other Name
    This is not the first time I’ve amended the title of my pensions and benefits weblogging. Except whereas my previous change came on the heels of discovering a non-EB blog that had already been using the name I’d originally given this…
Rank this Week: 2157