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California Insurance Lawyer Blog

California Insurance Lawyer Blog

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

http://www.californiainsurancelawyerblog.com/
  • Jul 22

    Four Kantor & Kantor Attorneys make the California Super Lawyers List for 2014

    Four Kantor & Kantor Attorneys make the California Super Lawyers List for 2014
    Kantor & Kantor is honored to announce the selection of four attorneys from the firm for the 2015 Southern California Super Lawyers list. Inclusion in this list is reserved for attorneys who exhibit distinct excellence in their practice.…
  • Jul 22

    Proving Disabilities Based On Pain

    Proving Disabilities Based On Pain
    Many of our clients have disabling pain. However, the difficulty is proving that the pain is disabling. There is no test to quantify the severity of pain as it is an entirely subjective condition. This does not mean however, that an…
  • Jul 8

    Miracle Hepatitis C Drug Cure Being Denied: Not Sick Enough

    Miracle Hepatitis C Drug Cure Being Denied: Not Sick Enough
    Have you been denied medically necessary prescription drug treatment for Hepatitis C? If you have, Kantor & Kantor, LLP has a solution to help navigate you toward insurance carrier approval of Harvoni treatment for Hepatitis C. In…
Rank this Week: 400

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/
  • Jul 7

    Massachusetts Considers Whether to Keep Non-Competes - NJ Should Follow Suit

    Massachusetts Considers Whether to Keep Non-Competes - NJ Should Follow Suit
    Massachusetts is thinking about non-compete agreements, per this post from Employment Matters. Whether non-competes should be permitted at all, or whether their scope should be cut back, is an emerging policy issue.  In Massachusetts the…
  • Jul 2

    May Is Now Officially NJ General Aviation Appreciation Month

    May Is Now Officially NJ General Aviation Appreciation Month
    This is off-topic, but a subject near to my heart. I'm a pilot.  Have been for decades, and flying airplanes is among my very favorite things.  I'm a general aviation pilot, "general aviation" being defined as everything that flies…
  • Jun 29

    3rd Circuit Adopts Catalyst Theory for Attorney's Fees in ERISA Case

    3rd Circuit Adopts Catalyst Theory for Attorney's Fees in ERISA Case
    Many employment law statutes are so-called "fee-shifting" laws.  This means that the prevailing party in litigation can be reimbursed by the loser, under standards that the courts have established to determine what amount of…
Rank this Week: 534

ERISA Lawyer Blog

ERISA Lawyer Blog

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

http://www.erisalawyerblog.com/
Rank this Week: 830

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
Rank this Week: 985

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
  • Jul 30

    Fort Worth Employment Lawyer and Overtime Pay

    Fort Worth Employment Lawyer and Overtime Pay
    Although overtime pay has been a part of the Fair Labor Standards Act since its enactment in the 1930s employer continue to violate overtime rights and misunderstand how employees may be classified as exempt from overtime and minimum wage…
  • Jul 27

    Bedford divorce lawyer on saving money on a QDRO in an uncontested divorce in Dalla

    Bedford divorce lawyer on saving money on a QDRO in an uncontested divorce in Dalla
    I help people with both contested divorces and uncontested divorces in both Tarrant County and Dallas County. It’s easy to work both sides of the Dallas/Fort Worth area with an office located roughly equal distance from Dallas and Fort…
  • Jul 22

    Is a contested divorce better than an uncontested divorce?

    Is a contested divorce better than an uncontested divorce?
    An uncontested divorce or no contest divorce in Texas is a divorce in which both spouses have agreed to the divorce and all the terms of the divorce, including property division and child issues (custody, visitation, child support,…
Rank this Week: 1293

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/
  • Jul 31

    Is it “disparaging” to say “Karma is a bi**h”?

    Is it “disparaging” to say “Karma is a bi**h”?
    Riddle me this: Employee sues her boss for sexual harassment. Case settles for $127,500, and she has to agree to confidentiality and non-disparagement. About nine years later, boss becomes an internet pariah for allegedly poaching a…
  • Jul 31

    Six things about the ADA that even an employer can love.

    Six things about the ADA that even an employer can love.
    Dear Americans with Disabilities Act, How time flies — you’re already 25 years old! I have seen many lovely tributes to you this week, and a couple of my favorites are here and here. I hope you don’t mind one more from…
  • Jul 31

    How much, er, discovery is allowed in a transgender lawsuit?

    How much, er, discovery is allowed in a transgender lawsuit?
    Well, this should be interesting. As I’ve reported before, the Equal Employment Opportunity Commission has sued a funeral home chain in the Detroit area for terminating Aimee Stephens, a transgendered woman, because she failed to…
Rank this Week: 1955

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: 1899

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: 1929

Abuser Goes to Work

Abuser Goes to Work

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

http://abusergoestowork.com
  • Jul 29

    AARP extols beach movies; Silent about discrimination

    AARP extols beach movies; Silent about discrimination
    The AARP has been completely silent about the Obama administration’s recent endorsement of blatant age discrimination in employment by Starbucks, Walmart and Microsoft,  not to mention the hiring program operated by the…
  • Jul 26

    ADA: Strength Through Organizing

    ADA: Strength Through Organizing
    Twenty five years ago today,  former President George H.W. Bush signed into law one of the most important pieces of civil rights legislation in  world history – the Americans with Disabilities Act (ADA). The ADA…
  • Jul 22

    Starbucks’ De-Caffeinated Response to Age Discrim.

    Starbucks’ De-Caffeinated Response to Age Discrim.
    A spokesperson for Starbucks made a mystifying distinction Wednesday in an apparent effort to justify what appears to be blatant age discrimination in hiring under the recently announced 100,000 Opportunity Initiative. Starbucks is…
Rank this Week: 2700

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: 2762

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

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

http://www.bostonerisalaw.com/
  • Jul 28

    Baseball, Hot Dogs and Class Action Lawyer

    Baseball, Hot Dogs and Class Action Lawyer
    One of my favorite kid friendly, safe for work jokes: Q: Moose walks into a bar. What’s he say? A: Ouch. If you like that one, how about this one: Q:Woman buys an expensive seat at the ballpark. What’s she say? A: Get me a class…
  • Jun 18

    Do You "Work For" Uber?

    Do You "Work For" Uber?
    You know, the Uber decision out of the California Labor Commission is fascinating, even if it isn’t directly on point with the subject of this blog. It immediately brought me back to the first appeal brief I ever wrote, as a young…
  • Jun 16

    It's a Top Hat Plan? Prove It

    It's a Top Hat Plan? Prove It
    This is a great article in PlanAdvisor on the recent decision in Tolbert v. RBC. Tolbert is a truly fascinating, and wonderfully instructive, district court decision on one of my favorite topics, and actually favorite things to do (I know…
Rank this Week: 2736

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/
  • Jul 28

    Are Employees Entitled To Pay For On-Call Time?

    Are Employees Entitled To Pay For On-Call Time?
    The Fair Labor Standards Act ("FLSA") is the law that governs employee's pay including minimum wage and overtime. One question that frequently arises is whether under the FLSA, an employee is entitled to meal or rest breaks and the answer is…
  • Jul 26

    Overtime Lawsuit Filed Against Staffing Company

    Overtime Lawsuit Filed Against Staffing Company
    In April, 2015, Martin & Martin filed a lawsuit against a nursing staffing company alleging that the company did not properly pay its staffing coordinators. The employees allege that as staffing coordinators they were required to work…
  • Jul 24

    The Overtime Primary Duty Test For The Administrative Exemption Under The Fair Labor Standards Act

    The Overtime Primary Duty Test For The Administrative Exemption Under The Fair Labor Standards Act
    Under the Fair Labor Standards Act ("FLSA"), to establish that an employee is subject to the administrative exemption, which is narrowly construed against the employer and in favor of the presumption that the employee is entitled to overtime,…
Rank this Week: 2177

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
  • Jul 23

    Like old soldiers, Employee Plans Determination Letter Program fades away

    Like old soldiers, Employee Plans Determination Letter Program fades away
    The Internal Revenue Service (the “IRS”) issued Announcement 2015-19 on July 21, 2015, in which the agency announced that its long-standing and widely used retirement plan determination program for individually designed plans was…
  • Jun 25

    The Supreme Court rescues Obamacare one more time

    The Supreme Court rescues Obamacare one more time
    President Obama might want to invite Chief Justice John Roberts to the White House for a “thank you” dinner! The United States Supreme Court today issued an opinion in King v. Burwell that upholds the Obama administration’s…
  • Jun 25

    IRS issues 409A guidance—need to correct before the year of vesting

    IRS issues 409A guidance—need to correct before the year of vesting
    The Office of Chief Counsel of the Internal Revenue Service (the “IRS”) recently confirmed that violations of Section 409A of the Internal Revenue Code (the “Code”) could be corrected without penalty in any taxable…
Rank this Week: 2378

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/
  • Jul 20

    Five Technology, Media, and Telecommunications Developments Important to Employer

    Five Technology, Media, and Telecommunications Developments Important to Employer
    Our colleagues Brandon C. Ge, Steven M. Swirsky, Daniel J. Green, Lori A. Medley, and Valerie N. Butera (with Theresa E. Thompson, a Summer Associate) contributed to Epstein Becker Green’s recent issue of Take 5 newsletter. In this…
  • Jul 17

    Hi-Tech Sports: Another Frontier

    Hi-Tech Sports: Another Frontier
    Recently, Epstein Becker & Green attorneys Michelle Capezza, Christopher Farella, Laurajane Kastner and Patrick Lucignani attended the New Jersey Technology Council (NJTC) 2015 Annual Meeting held on July 15, 2015 at the Forsgate Country…
  • Jul 13

    Sixth Circuit Says Complaints to Harassing Supervisor Constitute Protected Activity

    Sixth Circuit Says Complaints to Harassing Supervisor Constitute Protected Activity
    Employers in the technology industry should take note of last week’s decision by the U.S. Court of Appeals for the Sixth Circuit in EEOC v. New Breed Logistics (PDF).  The court declined to reconsider a panel holding that, in the…
Rank this Week: 2623

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/
  • Jun 25

    Investment Fiduciary Monitoring, Economic Damages and Tibble

    Investment Fiduciary Monitoring, Economic Damages and Tibble
    Following the publication of "An Economist's Perspective of Fiduciary Monitoring of Investments" by yours truly, Dr. Susan Mangiero (Pensions & Benefits Daily, May 26, 2015), I decided to write a second article on the topic as there…
  • Jun 22

    De-Risking Slides Now Posted

    De-Risking Slides Now Posted
    If you missed the May 27, 2015 webinar entitled "Pension De-Risking for Employee Benefit Sponsors: Avoiding Litigation and Enforcement Action," click here to download the presentation slides.
  • Jun 21

    Union Plans and Politic

    Union Plans and Politic
    Since I created this pension blog over nine years ago, I have been surprised and puzzled as to why retirement plan issues have been given short shrift by politicians. I understand that rescinding benefits is likely to lose votes but…
Rank this Week: 2583

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: 2152

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/
  • Aug 7

    Deadline Approaches for Business Associate Agreement Compliance Update

    Deadline Approaches for Business Associate Agreement Compliance Update
    Employer group health plans and other covered entities that have not already amended business associate agreements (BAAs) to incorporate changes required by the Final Omnibus Rule must do so by September 22, 2014.  (You can read our…
  • Jul 16

    2014 Mid-Year Supreme Court Case Review

    2014 Mid-Year Supreme Court Case Review
    The 2013-2014 term of the Supreme Court of the United States produced opinions that will have substantial effects on the design and administration of most employee benefits plans. This summary highlights three key decisions, one…
  • Jul 16

    2014 Mid-Year Compliance Update

    2014 Mid-Year Compliance Update
    While 2014 has been a relatively quiet year in terms of new rules affecting retirement plans, the January 1, 2015 effective date for the Affordable Care Act employer shared responsibility mandate is now in sight. This summary discusses a few…
Rank this Week: 2653

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: 2208

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: 2221

James M. Hoffmann Blog

James M. Hoffmann Blog

Covers Missouri workers' compensation and personal injury.

http://www.hoffmannworkcomp.com/category/blog/
  • Jul 31

    3 Things That Could Cost You Your Workers Compensation Benefit

    3 Things That Could Cost You Your Workers Compensation Benefit
    As an injured Missouri worker, it is important to avoid doing anything that would cost you your workers compensation benefits.   After being injured on the job and filing for workers compensation, you may feel that once you start receive…
  • Jul 31

    Disability Benefits Under the Missouri Workers Compensation System

    Disability Benefits Under the Missouri Workers Compensation System
    Workers injured at their workplace are entitled to disability benefits under the Missouri workers compensation system. Permanent partial disability means that the worker’s injury affects his ability to do certain work or jobs but he/she…
  • Jul 30

    Missouri Workers Compensation for Conveyor Belt Injurie

    Missouri Workers Compensation for Conveyor Belt Injurie
    If the employer fails to provide a safe working environment to the workers, they may be required to pay compensation to the worker in addition to the workers compensation benefits. Conveyor belts are an indispensable part of any manufacturing…
Rank this Week: 3417

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/
  • Jul 31

    ABLE Accounts for Individuals with Disabilitie

    ABLE Accounts for Individuals with Disabilitie
    Financial planning for a family that includes an individual with disabilities, especially those without the resources to fully fund a special needs trust, often has substantial challenges. In December of 2014, the United States Congress…
  • Jul 15

    Workers’ Comp in Assault Case

    Workers’ Comp in Assault Case
    By Sarah E. Cavanagh. The Nebraska Court of Appeals recently held that an employee is not entitled to collect workers’ compensation for an assault perpetrated by another employee if the assault is personal in nature and unrelated to the…
  • Jun 30

    Domain Blocks Now Available for “.sucks” Domain Extension

    Domain Blocks Now Available for “.sucks” Domain Extension
    By Tom Langan. Earlier this year, over 550 new domain name extensions were created.  Examples include .basketball, .college, .miami, and .fishing.  Among the more controversial additions is “.sucks” which allows nearly…
Rank this Week: 3267

Employment and Labour Law

Employment and Labour Law

Covers employment law in Canada. BY FMC Law.

http://www.employmentandlabour.com
  • Jul 30

    What If Your Independent Contractor Is Really a Dependent Contractor?

    What If Your Independent Contractor Is Really a Dependent Contractor?
    Many employers hire independent contractors to assist in their workplace and in most cases, the assumption is that doing so will result in minimal or no notice of termination having to be paid at the end of the relationship.  A recent…
  • Jul 10

    Ontario pension plan sponsors: it’s time to look at your SIPP

    Ontario pension plan sponsors: it’s time to look at your SIPP
    Employers that provide registered pension plans to their Ontario employees should review their Statement of Investment Policies and Procedures (“SIPPs”) within the next few months.  New Ontario SIPP requirements are coming…
  • Jun 17

    Ontario’s Changing Workplaces Review

    Ontario’s Changing Workplaces Review
    In May, Ontario’s Ministry of Labour commenced what is being called the “Changing Workplaces Review”.  The review is intended to take a close look at the Employment Standards Act, 2000 (“ESA”) and the Labour…
Rank this Week: 4058

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/
  • Jul 23

    Will § 4980H Require Judicial Amendment Too?

    Will § 4980H Require Judicial Amendment Too?
    Occasionally, a deep dive into a real world scenario opens our eyes to a plausible, alternate understanding of an important ACA term or rule.  Here’s one.  We’re embarrasssed to admit that our…
  • Jul 22

    Simple ACA Rules for Simple (But Not Small) Employer

    Simple ACA Rules for Simple (But Not Small) Employer
    You’re an ACA “Applicable Large Employer,” but not by much. You have three executives, none of whom has any HR or benefit plan expertise. You rely on a local payroll service and your insurance agent. You hope they are on top…
  • Jul 20

    Final Regulations Issued Concerning ACA’s Preventive Services Mandate

    Final Regulations Issued Concerning ACA’s Preventive Services Mandate
    Last week the Agencies (DOL, HHS and IRS) issued final regulations concerning ACA’s preventive services mandate. This mandate requires non-grandfathered plans to cover specific preventive services, such as immunizations, mammograms, and…
Rank this Week: 3237

Employment Update

Employment Update

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

http://employmentupdate.schwabeblog.com/
Rank this Week: 3150

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/
  • Jul 9

    USCIS Proposes E-Verify Enhancement

    USCIS Proposes E-Verify Enhancement
    On June 8, 2015, United States Citizenship and Immigration Services published a Federal Register notice seeking public comments on proposed enhancement to E-Verify. The three proposed enhancements involve the following: Final Nonconfirmation…
  • Jul 1

    Yikes…Uber Drivers are Employees, Not Independent Contractors?

    Yikes…Uber Drivers are Employees, Not Independent Contractors?
    Ronald Reagan famously once said: “The nine most terrifying words in the English language are ‘I’m from the government and I’m here to help.'” On January 13, 2015, the State of Florida entered into an agreement…
  • Jun 22

    USCIS Clarifies Agency Policy on Amended H-1B Petition

    USCIS Clarifies Agency Policy on Amended H-1B Petition
    The H-1B visa category applies to foreign workers performing services in a specialty occupation, services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or services as…
Rank this Week: 3751

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
Rank this Week: 4361

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/
  • Jun 24

    Off Topic-Terrible Michigan Supreme Court Decision

    Off Topic-Terrible Michigan Supreme Court Decision
    While this Blog is usually devoted to issues involving LTD claims and cases, I felt I needed to go off topic for a minute. The Michigan Supreme Court issued a decision this past week in a case where a disabled young man drowned in a public…
  • Mar 11

    6TH CIRCUIT ISSUES MAJOR DECISION -DISGORGEMENT OF PROFITS EARNED BY INSURANCE COMPANY NOT ALLOWED

    6TH CIRCUIT ISSUES MAJOR DECISION -DISGORGEMENT OF PROFITS EARNED BY INSURANCE COMPANY NOT ALLOWED
    In Rochow v. Life Ins. Co. of N. Am., 2015 U.S. App. LEXIS 3532 (6th Cir. 2015), the Sixth Circuit Court of Appeals (the Court) en banc overturned a previous decision of a 3 judge panel that had allowed plaintiff's claim for the disgorgement…
  • Feb 25

    FEDERAL COURT FINDS METLIFE ABUSED ITS DISCRETION-ORDERS INSURER TO PAY LTD BENEFITS

    FEDERAL COURT FINDS METLIFE ABUSED ITS DISCRETION-ORDERS INSURER TO PAY LTD BENEFITS
    The US District Court for the Eastern District of Michigan recently determined that LTD Insurer-MetLife wrongfully denied a claimant's request for LTD benefits. SMDA was retained by the claimant after her administrative remedies had been…
Rank this Week: 4442

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: 4338

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
Rank this Week: 3080

GSAS Law

GSAS Law

Covers New York employment and employee benefits law. By Giskan Solotaroff Anderson & Stewart L.L.P.

http://www.newyorkemploymentlawyersblog.com/
  • Apr 21

    Citizens (who like cereal) United

    Citizens (who like cereal) United
    By Oren Giskan, Esq. The people have spoken and while they like Cheerios, they do not like mandatory arbitration. General Mills tried to impose mandatory arbitration on anyone who "liked" it on social media or downloaded a coupon for one of…
  • Dec 10

    Class Action Overview - OneWest & IndyMac

    Class Action Overview - OneWest & IndyMac
    By Catherine Anderson, Esq. On June 28, 2013, Courthouse News Service reported on our class action which had been filed against OneWest Bank, IndyMac, Financial Freedom Senior Funding and other defendants concerning the force placement of…
  • Mar 1

    Take The Money and Run

    Take The Money and Run
    By Oren Giskan, Esq. Have you been following the FINRA v Charles Schwab ("Schwab") battle? Schwab is a stock brokerage that recently inserted a ban on class actions in its customer agreement. FINRA, the Financial Industry Regulatory…
Rank this Week: 3386

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: 4609

FLSA Cases

FLSA Cases

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

http://flsacases.com/
  • Oct 24

    Failure To Disclose FLSA Claims In Bankruptcy Leads To Loss Of Claim

    Failure To Disclose FLSA Claims In Bankruptcy Leads To Loss Of Claim
    I’ve never had this issue come up before, and must have overlooked the few reported cases dealing with it. What happens when a plaintiff in an FLSA lawsuit obtains bankruptcy while the FLSA claim is pending, yet fails to disclose the…
  • Oct 21

    Court Refuses To Ban Communications With Prospective Plaintiff

    Court Refuses To Ban Communications With Prospective Plaintiff
    In Hathaway v. Shawn Jones Masonry, 2011 WL 4916532 (W.D.Ky. 2011), Chief Judge Thomas Russell of the Western District of Kentucky faced how to handle the aftermath of a letter sent by the plaintiff to the defendant’s employees urging them…
  • Oct 20

    An Interesting Regular Rate Case

    An Interesting Regular Rate Case
    Am I the only one who finds regular rate issues to be inexhaustibly interesting? If you’re in my camp, read on.
Rank this Week: 3872

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/
  • Oct 9

    Favorite quotes about the law, part 1

    Favorite quotes about the law, part 1
    Maybe it’s the frustrated novelist in me, but I’ve been thinking about literature and law.
  • Sep 13

    We’ve moved!! (but only our URL)

    We’ve moved!! (but only our URL)
    We’ve moved!! Kinda. Okay, it’s not a real move of anything physical. Our law firm, including the tables chairs, files, and whatever else, are all still in exactly the same place.
  • Sep 13

    Fifth Circuit applies hostile work environment to age claim

    Fifth Circuit applies hostile work environment to age claim
    Courts have sometimes questioned whether hostile work environment claims apply to all “flavors” of discrimination.
Rank this Week: 3747

ERISA and Disability Benefits Law…

ERISA and Disability Benefits Law Blog

Covers ERISA and Disability benefits litigation. By the Wood Law Firm.

http://www.erisaontheweb.com/
  • Jun 5

    Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case

    Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case
    In this ERISA disability case, the federal district court in Chicago awarded attorney’s fees of $109,312.75 to the successful plaintiff, Holmstrom.  The case started after MetLife decided to terminate her claim for long-term disability…
  • Apr 8

    Court Orders CIGNA to Pay Six-Figure Attorney's Fee

    Court Orders CIGNA to Pay Six-Figure Attorney's Fee
    Steven Alfano won his ERISA claim for long-term disability benefits against CIGNA. The district court had previously ruled that there was “no sound basis in the record to support CIGNA’s finding that plaintiff’s back condition … had…
  • Apr 6

    Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously

    Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously
    Sherry DeLisle continued working after her car crashes in 1998 and 2000. She suffered spinal and closed head injuries.  Her employer, Krandall & Sons, fired her on April 17, 2002, stating that “she was not doing her job.”  Eight…
Rank this Week: 4669

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: 3193