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ERISA Lawyer Blog

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

http://www.erisalawyerblog.com/

Jun 18
ERISA-Fourth Circuit Holds That A Car Crash Occurring When A Plan Participant Drives While Intoxicated Is An Accident For Purposes Of The Plan's AD & D Coverage

ERISA-Fourth Circuit Holds That A Car Crash Occurring When A Plan Participant Drives While Intoxicated Is An Accident For Purposes Of The Plan's AD & D Coverage

In Johnson v. American United Life Insurance Company, No. 12-1381 (4th Cir. 2013), a question arose as to whether accidental death and dismemberment ("AD & D") benefits were payable under a welfare benefit plan (the…
Jun 17
Employment-Fifth Circuit Upholds Dismissal Of Title VII Claim Since The Plaintiff Was Not An Employee

Employment-Fifth Circuit Upholds Dismissal Of Title VII Claim Since The Plaintiff Was Not An Employee

In Juino v. Livingston Parish Fire District No. 5, No. 12-30274 (5th Cir. 2013), the plaintiff, Rachel Juino ("Juino"), was appealing from the district court's dismissal of her claim of sexual harassment under Title VII of the Civil…
Jun 14
Employment-Sixth Circuit Rules That Employee Who Voluntarily Leaves Employment Does Not Have An FMLA Claim

Employment-Sixth Circuit Rules That Employee Who Voluntarily Leaves Employment Does Not Have An FMLA Claim

In Miles v. Nashville Electric Service, No. 12-6028 (6th Cir. 2013) (Unpublished Opinion), plaintiff Miles was alleging that her former employer, defendant Nashville Electric Service ("NES"), interfered with her rights under the…

Rank this Week: 169

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 13
Is your reason for termination honest, logical, and complete? If not, you may get a scary result in your discrimination case

Is your reason for termination honest, logical, and complete? If not, you may get a scary result in your discrimination case

If you fire an employee for an indefensible reason, chances are you will get a charge or a lawsuit out of it, even if the indefensible reason was legal. That's HR/Legal 101. (In other words, don't believe that "employment at will"…
Jun 7
Moms rule in lactation, pregnancy, and health insurance challenge

Moms rule in lactation, pregnancy, and health insurance challenge

Mother's Day is long past, but you'd never know it -- in employment law, this has been the Week of the Moms. Here's a roundup - tell us what you think! First up: Title VII's ban on pregnancy discrimination includes discrimination based on…
May 31
Are these medical questions illegal, or not? Test your knowledge!

Are these medical questions illegal, or not? Test your knowledge!

How much do you really know about the Genetic Information Nondiscrimination Act? Here's a quick quiz: Which of the following is an unlawful request for "genetic information"? "Our company requires a post-offer, pre-employment medical…

Rank this Week: 176

HR & Benefits Update

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

http://slphrbenefitsupdate.wordpress.com

Jun 14
HIPAA Sanctions Triggered From Covered Entity Statements To Media, Workforce

HIPAA Sanctions Triggered From Covered Entity Statements To Media, Workforce

Health plans, health care providers, health care clearinghouses (covered entities) and their business associates should confirm their existing policies, practices and training for communicating with the media and others comply with the…
Jun 6
Consider OCR Technical Corrections When Updating Privacy Practices & Agreements For Omnibus Restatement of HIPAA Privacy, Security, Breach Notification & Enforcement Rule

Consider OCR Technical Corrections When Updating Privacy Practices & Agreements For Omnibus Restatement of HIPAA Privacy, Security, Breach Notification & Enforcement Rule

The Department of Health & Human Services Office of Civil Rights (OCR) on June 6, 2013 released an advance copy of to Technical Corrections (Technical Corrections) to the Modifications to the HIPAA Privacy, Security, Enforcement, and…
Jun 5
Id & Manage Hidden Employee Benefit Exposures In Business Insolvency Or Other Transaction

Id & Manage Hidden Employee Benefit Exposures In Business Insolvency Or Other Transaction

The June 4, 2013 announcement of the Employee Benefit Security Administration (EBSA) provides a timely reminder to businesses sponsoring employee benefit plans, their owners and management, plan fiduciaries, banks, administrative service…

Rank this Week: 204

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/

Jun 17
Recent decision limits the protections from liability for ERISA pension plan fiduciarie

Recent decision limits the protections from liability for ERISA pension plan fiduciarie

James Hazlehurst wrote an article published in The Daily Journal on June 12, 2013, that discussed the Ninth Circuit Court of Appeals ruling in Harris v. Amgen that limited the protections from liability for ERISA pension plan fiduciaries…
Jun 12
SCOTUS Rules: Right or wrong, arbitrator's interpretation stand

SCOTUS Rules: Right or wrong, arbitrator's interpretation stand

The United States Supreme Court in Oxford Health Plans LLC v. Sutter held that an arbitration agreement in a fee-for-services contract between physicians and a health insurance company required arbitration of a class dispute arising under the…
Jun 7
The Ninth Circuit Revisits - and Limits - the "Presumption of Prudence" For ERISA Fiduciarie

The Ninth Circuit Revisits - and Limits - the "Presumption of Prudence" For ERISA Fiduciarie

Earlier this week, the Ninth Circuit Court of Appeals ruled in Harris v. Amgen that an ERISA pension plan fiduciary is not protected from liability under the “presumption of prudence” for company stock investments where the plan…

Rank this Week: 219

California Insurance Lawyer Blog

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

http://www.californiainsurancelawyerblog.com/

Jun 16
The Pitfalls of Handling Your Own ERISA Appeal

The Pitfalls of Handling Your Own ERISA Appeal

The Kantor & Kantor website contains useful information to guide an insured if he or she elects to handle their own ERISA appeal. In some circumstances, this may be appropriate. However, we frequently see problems created by insureds…
Jun 7
The Impact of Sleep Disturbances on Rheumatoid Arthritis Pain

The Impact of Sleep Disturbances on Rheumatoid Arthritis Pain

New research by Cathrine Austad, MD (Department of Rheumatology Diakonhjemmet Hospital, Oslo, Norway) calls attention the impact of sleep disturbances on pain and functional status in rheumatoid arthritis (RA) patients. This new research,…
Jun 6
Cigna CIted and Fined for Improperly Handling Long Term Disability Claim

Cigna CIted and Fined for Improperly Handling Long Term Disability Claim

After extensive examination, Cigna (aka LINA) faces major consequences for improper denials of long term disability claims. In a settlement with five state insurance regulators (California, Connecticut, Maine, Massachusetts, and…

Rank this Week: 418

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 8
Hedge Fund and Private Equity Fund Due Diligence for Pension Fund

Hedge Fund and Private Equity Fund Due Diligence for Pension Fund

If you missed the Strafford CLE event on June 5, 2013 entitled "ERISA Pension Plans in 2013: Due Diligence for Hedge and Private Equity Funds: Avoiding the Pitfalls with Alternative Investments for Institutional Investors and Fund Managers,"…
Jun 2
Pension Risk Management For The CFO

Pension Risk Management For The CFO

As many of you know, I have been beating the drum for a long time about the importance of effective and comprehensive pension risk management. As this issue increasingly makes its way into the C-suite, programs that are specifically…
May 19
The Importance of Clear Communication

The Importance of Clear Communication

A funny thing happened the other day while having a snack in a Paris bakery. I am here for a few days, tagging along with my husband who is teaching for a month. Shortly after we sat down, a Japanese family arrived, went to the counter…

Rank this Week: 528

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: 666

Employee Benefits Counsel

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

http://www.employeebenefitscounsel.com

Jun 3
Agency Issues Final Rule on Affordable Care Act SHOP Program

Agency Issues Final Rule on Affordable Care Act SHOP Program

By Ilyse Schuman The Centers for Medicare & Medicaid Services (CMS) issued its final rule implementing certain Affordable Care Act provisions related to the Small Business Health Options Program (SHOP). The future health insurance…
May 30
Agencies Release Final Rule on Employer Wellness Program

Agencies Release Final Rule on Employer Wellness Program

By Ilyse Schuman Federal agencies charged with implementing provisions of the Affordable Care Act (ACA) have released their final rule governing nondiscriminatory wellness programs in group health coverage. The rule addresses the…
May 22
Most Employers Will Continue to Provide Health Coverage Next Year, Survey Find

Most Employers Will Continue to Provide Health Coverage Next Year, Survey Find

By Ilyse Schuman The number of employers that plan to continue providing their employees with health insurance has increased, according to a new survey conducted by the International Foundation of Employee Benefit Plans (IFEBP). The survey…

Rank this Week: 680

Employment Law Alert

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

http://www.employmentlawalert.com

Jun 17
Intern or Employee? - The Southern District of New York Offers Guidance

Intern or Employee? - The Southern District of New York Offers Guidance

An employee by any other name is still an employee, even if that other name is “intern.” On June 11, 2013, the District Court for the Southern District of New York granted summary judgment to several former unpaid interns of Fox…
Jun 14
New COBRA Notice Form Issued by DOL

New COBRA Notice Form Issued by DOL

Employers are reminded that the Federal Department of Labor (“DOL”) has issued new model COBRA election notices for single employer health plans aligned with Patient Protection Affordability Care Act (“PPACA”)…
Jun 6
Gibbons Employment & Labor Law Attorneys Listed as New Jersey Super Lawyer

Gibbons Employment & Labor Law Attorneys Listed as New Jersey Super Lawyer

Several attorneys in the Gibbons Employment & Labor Law Department were listed as leaders in their fields by New Jersey Super Lawyers and New Jersey Super Lawyers Rising Stars for 2013. Overall, 80 lawyers in the…

Rank this Week: 694

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: 745

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

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

http://www.bostonerisalaw.com/

Jun 17
Why the Complexity of Plan Valuation Argues Against Turning Appraisers into Fiduciaries by Regulatory Pronouncement

Why the Complexity of Plan Valuation Argues Against Turning Appraisers into Fiduciaries by Regulatory Pronouncement

I have written before, both in short form on this blog and long form for the Journal of Pension Benefits, on my view that it is not necessary to alter the regulatory definition of fiduciary to transform appraisers into fiduciaries.…
Jun 13
A Very Good Read: PLI's ERISA Benefits Litigation Answer Book 2013

A Very Good Read: PLI's ERISA Benefits Litigation Answer Book 2013

I can still remember the first hearing I argued at, close to twenty five years ago, in Massachusetts Superior Court, in the very quaint (realtor speak for old, but still) courthouse in Dedham – I can still see the dusty parking lot out…
May 29
The Scope of Equitable Relief Under ERISA: Blue Cross & Blue Shield of Rhode Island v. Korsen

The Scope of Equitable Relief Under ERISA: Blue Cross & Blue Shield of Rhode Island v. Korsen

The equitable remedies prong of ERISA was, for many years, a place where theoretically good claims went to die: courts were wary of providing expansive recovery under it, and thus a plaintiff who could not fit a claim within the confines of…

Rank this Week: 772

The Kielich Law Firm Blog

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

http://kielichlawfirm.com/blog

Jun 17
How does an ESOP work?

How does an ESOP work?

An ESOP is an Employee Stock Ownership Plan. It is an ERISA-governed employee benefit plan that allows the employee to purchase shares of the employer’s stock on a tax deferred-basis (you don’t pay taxes today on your investment…
Jun 17
Red light camera

Red light camera

In the mid-2000s cities all over the country, including in the Dallas and Fort Worth areas, were installing red light cameras with the promise of cutting down red light runners and accidents caused by people running red lights. No doubt,…
Jun 17
If my spouse has a divorce attorney do I need one?

If my spouse has a divorce attorney do I need one?

You probably need your own divorce attorney if your spouse has already retained his or her own divorce attorney. Although divorces in the Dallas/Fort Worth area happen all the time with one or even no lawyers involved, that does not mean it…

Rank this Week: 824

Employment Update

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

http://employmentupdate.schwabeblog.com/

Jun 6
EEOC Files GINA Complaint

EEOC Files GINA Complaint

By Bruce F. Howell, J.D., M.S., Health Care Attorney and Shareholder On May 16, 2013, the Equal Employment Opportunity Commission (”EEOC”) filed a complaint against Founders Pavilion, Inc., a New York nursing home for violating…
May 23
Asking for Facebook Passwords? Not in Washington.‎

Asking for Facebook Passwords? Not in Washington.‎

By Brian Keeley, Stephanie Berntsen, Farron Curry, Attorneys, Schwabe, Williamson & Wyatt Washington Governor Jay Inslee has signed legislation that prohibits employers from asking or requiring employees or job applicants to provide…
Mar 20
Employers Beware: Portland City Council Passes Sick Leave Mandate

Employers Beware: Portland City Council Passes Sick Leave Mandate

By Leora Coleman-Fire, Attorney The City of Portland joined Seattle, San Francisco, Washington D.C., and the State of Connecticut when the Portland City Council unanimously passed a paid sick leave ordinance on March 13, 2013. The ordinance…

Rank this Week: 852

Employee Benefits Law Report

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

http://www.employeebenefitslawreport.com

May 29
Technology Law Source 2.0

Technology Law Source 2.0

We wanted to take a moment to share the redesigned Porter Wright Technology Law Source blog with you. Technology Law Source is designed for readers to quickly and easily learn about concepts that cut across the traditional lines of…
May 20
Health Care Reform Update: Planning Now for Significant 2014 Deadline

Health Care Reform Update: Planning Now for Significant 2014 Deadline

The Affordable Care Act (the “ACA”) makes sweeping changes to the current health insurance landscape. Though some of these changes are already in force, the most significant provisions of the ACA become effective on January 1,…
May 13
Sutardja Decision Shows Employers How to Preserve Stock Option Flexibility In a 409A World

Sutardja Decision Shows Employers How to Preserve Stock Option Flexibility In a 409A World

Many commentators were surprised by the recent federal court of claims decision to deny summary judgment in Sutardja v United States. Sutardja, which currently is headed for trial, involves the IRS assessing a public company executive with…

Rank this Week: 1074

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/

May 23
LTD INSURER CIGNA AGREES TO PAY $77 MILLION DOLLARS TO SETTLE CLAIMS

LTD INSURER CIGNA AGREES TO PAY $77 MILLION DOLLARS TO SETTLE CLAIMS

HartfordBusiness.com is reporting that LTD Insurer Cigna has agreed to pay $77 million dollars to settle claims brought by regulators in four states for improperly handling long term disability claims. While it is not clear what initiated…
Mar 20
INSURER AGREES TO REINSTATE ERISA LTD INSURANCE BENEFITS

INSURER AGREES TO REINSTATE ERISA LTD INSURANCE BENEFITS

The Standard Insurance Company recently agreed to reverse its decision to deny LTD benefits to a client of the firm who had ongoing and persistent back problems. The Standard denied the claim ostensibly because "the medical records do not…
Feb 4
SMDA WINS LTD BENEFITS CASE A SECOND TIME

SMDA WINS LTD BENEFITS CASE A SECOND TIME

SMDA was fortunate enough to receive another favorable decision from the federal court finding that the Long Term Disability insurer again wrongfully denied our client's claim for benefits. In Deloach v. The Great Atlantic & Pacific Tea…

Rank this Week: 1126

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 10
Federal Trade Secret Enforcement Initiative Results in Swift Action

Federal Trade Secret Enforcement Initiative Results in Swift Action

By James P. Flynn In February 2013, the Justice Department announced a federal trade secret enforcement initiative that rested in large part on encouraging American businesses to adopt best practices in the area and diligent pursuit of civil…
May 17
Trade Secret, Proprietary Information, & Regulatory Requirements Concerns Contribute To Veto of New Jersey Social Media Bill

Trade Secret, Proprietary Information, & Regulatory Requirements Concerns Contribute To Veto of New Jersey Social Media Bill

By: James P. Flynn The New Jersey Legislature was overwhelmingly in favor of a measure that would have barred employers from obtaining social media IDs and other social media related information from employees and applicants. Click here…
May 10
Affordable Care Act: Important Deadline for Employee Notices of the Health Insurance Marketplace (Exchange) Due October 1, 2013

Affordable Care Act: Important Deadline for Employee Notices of the Health Insurance Marketplace (Exchange) Due October 1, 2013

By Gretchen Harders and Michelle Capezza On May 8, 2013, the Employee Benefits Security Administration of the Department of Labor (the “DOL”) issued Technical Release 2013-02 (the “Release”) providing important…

Rank this Week: 1144

ERISA and Disability Benefits Law…

ERISA and Disability Benefits Law Blog

Covers ERISA and Disability benefits litigation. Published 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: 1251

Employment and Labour Law

Covers employment law in Canada. BY FMC Law.

http://www.employmentandlabour.com

Jun 17
SCC Rules on Random Alcohol Testing at Pulp and Paper Mill

SCC Rules on Random Alcohol Testing at Pulp and Paper Mill

On June 14, 2013, the Supreme Court of Canada released its highly anticipated decision in Communications, Energy and Paperworkers Union of Canada, Local 30, v. Irving Pulp & Paper, Ltd., 2013 SCC 34…
May 14
Receipt of Pornographic Material was not Just Cause for Dismissal: Appeal Court

Receipt of Pornographic Material was not Just Cause for Dismissal: Appeal Court

In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order to determine whether there is just cause for termination of employment. A recent wrongful…
Apr 2
Reinstatement of Employment Ordered – a Decade after Disability Leave Commenced

Reinstatement of Employment Ordered – a Decade after Disability Leave Commenced

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered the reinstatement of an employee a decade after she went on disability leave, together with loss of wages from June…

Rank this Week: 1751

Florida ERISA Blog

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

http://floridaerisa.blogspot.com/

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…
Jan 17
ERISA Liens: Is the "800 Pound Gorilla" About To Go On A Diet?

ERISA Liens: Is the "800 Pound Gorilla" About To Go On A Diet?

Most personal injury attorneys undoubtedly view ERISA liens arising out of group health insurance payments as the “800 pound gorilla” that can gut a client’s recovery or indeed dissuade a lawyer from taking a case in the…

Rank this Week: 2109

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

Nov 8
Insurance Companies Must Show "Substantial Prejudice" to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

Insurance Companies Must Show "Substantial Prejudice" to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

Following the August 2009 Station Fire, the lawsuits of over 1,440 policyholders filed against Fire Insurance Exchange (“FIE”) and related insurers were consolidated into one case – Henderson v. Farmers Group, Inc., __ Cal.App.4th __,…
Nov 2
Insurance Agents May Be the Key to Insurer Liability

Insurance Agents May Be the Key to Insurer Liability

The Thursday November 1, 2012 edition of the Los Angeles Daily Journal featured Robert McKennon and Reid Winthrop’s front-page article entitled: “Insurance Agents Key to Insurer Liability.” In it, Mr. McKennon and Mr.
Oct 15
The Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder friendly language

The Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder friendly language

We recently wrote about a policyholder friendly opinion by the Ninth Circuit Court of Appeals that seemingly held that an insurer’s duty of good faith and fair dealing, which is implied in every contract of insurance, may be violated by the…

Rank this Week: 2259

The Pension Protection Act Blog

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

http://erisafile.com/blog/

Feb 12
District Court Says No to IRS About Registered Tax Return Preparers, Are ERPAs Next?

District Court Says No to IRS About Registered Tax Return Preparers, Are ERPAs Next?

Almost a month has passed since the U.S. District Court of the District of Columbia issued its opinion about IRS Circular 230 on Jan. 18, 2013, and I’m a little surprised by the lack of discussion about this opinion in … Continue…
Dec 18
The Dept. of Labor Addresses When Bankruptcy Meets ERISA

The Dept. of Labor Addresses When Bankruptcy Meets ERISA

When Bankruptcy Meets ERISA is not the latest Gary Marshall film or the sequel to Sleepless in Seattle, it is the very real mess created when a plan sponsor files Chapter 7 bankruptcy. In the last month, there has been … Continue…
Nov 28
Time to Vote for Your Favorite Law Blog

Time to Vote for Your Favorite Law Blog

The American Bar Association’s list of the top 100 blawgs is out, and voting is open. Voting is open from now to Friday, Dec. 21st.

Rank this Week: 2496

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/

Jun 18
It's 5 O'Clock (Almost) Everywhere

It's 5 O'Clock (Almost) Everywhere

Could all of those country songs about hating your boss and your job (and the boss's dog as well) possibly be true? This from Gallup suggests that it might be. The industrial Northeast did not fare well in this survey of worker…
May 10
Do Employers Have to Pay Summer Interns?

Do Employers Have to Pay Summer Interns?

My nephew just came home for summer break from his sophomore year at college, which got me to thinking. (No, not about how much I would like to be back in college.) What profitable use of the next three months will our returning…
Apr 18
Genesis Healthcare v. Symczyk - Is This FLSA Mootness Decision Itself Moot?

Genesis Healthcare v. Symczyk - Is This FLSA Mootness Decision Itself Moot?

Where to begin on yesterday's US Supreme Court decision in Genesis Healthcare v. Symczyk? Perhaps we should start, oddly enough, with Justice Kagan's dissent, which is quite unlike any I have seen before. She says: Feel free to…

Rank this Week: 2754

Benefits Law Update

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

http://www.employeebenefitsupdate.com/home/rss.xml

Nov 27
Working with the New Annual Limit on FSA Contribution

Working with the New Annual Limit on FSA Contribution

The Patient Protection and Affordable Care Act modified the rules relating to cafeteria plans to impose a new $2,500 annual limit on the amount that an employee may elect to contribute to a health flexible spending account (“health FSA”),…
Nov 20
2012 Year End Benefit Plan Compliance Checklist and Reminders for Employer

2012 Year End Benefit Plan Compliance Checklist and Reminders for Employer

By comparison to past years, the end of 2012 and beginning of 2013 seem not to bring all that much in the way of new legal compliance burdens regarding retirement plans, health plans, and deferred compensation plans. For the most part…
Nov 6
IRS Blesses Leave-Based Donation Programs for Hurricane Sandy Relief

IRS Blesses Leave-Based Donation Programs for Hurricane Sandy Relief

Echoing the guidance provided back in 2005 in the aftermath of Hurricane Katrina, the IRS has published Notice 2012-69 to support leave-based donation programs for the relief of the victims of Hurricane Sandy. Leave-based donation programs…

Rank this Week: 2701

Illinois ERISA Lawyer Blog

Covers health insurance, pension, long-term disability and defined contribution plans. By the Law Offices of Michael Bartolic LLC.

http://www.illinoiserisalawyerblog.com/

May 14
Illinois House and Senate Pass Competing State Pension Bill

Illinois House and Senate Pass Competing State Pension Bill

State employees in Chicago and all over Illinois with retirement plan benefits will most likely experience some sort of change to the State pension system. The Illinois House passed S.B. 1, which is estimated to completely shore up the…
May 10
Michigan Court Does Not Enforce State Ban on Discretionary Clauses in Long Term Disability Plans Where the Policy Was Issued in Another State

Michigan Court Does Not Enforce State Ban on Discretionary Clauses in Long Term Disability Plans Where the Policy Was Issued in Another State

Employees in Chicago, and all over Illinois, are starting to become more aware of a state law ban on discretionary clauses in various insurance policies that fund their employee benefit plans, such as long-term disability, health insurance,…
May 3
Discretionary Clauses in Long Term Disability Plans Are Unenforceable Even When Not in the Insurance Policy

Discretionary Clauses in Long Term Disability Plans Are Unenforceable Even When Not in the Insurance Policy

Chicago area employees with coverage under an employer-sponsored long-term disability insurance plan, health insurance plan, or life or accidental death insurance plan often do not know or think about how a standard of review affects their…

Rank this Week: 3394

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

Aug 19
:: Plaintiffs’ Claims Under ERISA Section 510 and 502(a)(1)(B) Survive Motion To Dismi

:: Plaintiffs’ Claims Under ERISA Section 510 and 502(a)(1)(B) Survive Motion To Dismi

This case is before the court pursuant to defendant’s motion to dismiss for failure to state a claim upon which relief can be granted filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. When a Rule 12(b)(6) motion is…
Aug 19
:: Choice of Law In ERISA Disputes – How State Law May Affect Outcomes On Judicial Review

:: Choice of Law In ERISA Disputes – How State Law May Affect Outcomes On Judicial Review

Here, the Policy contained a valid choice of law provision, which indicates that the parties intended for the Policy to be governed by Texas law to the extent that it is not preempted by ERISA. Thus, in order to decide this issue, we must…
Apr 20
:: Seventh Circuit Sides With Fiduciaries On Question of Out-of-Network Disclosure

:: Seventh Circuit Sides With Fiduciaries On Question of Out-of-Network Disclosure

At the summary judgment stage of the case, the district court dismissed James’s denial-of-benefits and breach-of-fiduciary-duty claims, but awarded him minimal statutory damages against the health plan administrator. James has appealed. We…

Rank this Week: 3297

Union-side Labor and ERISA Law

Covers legal issues pertinent to the representation of labor unions and multi-employer benefit trust funds. By the Urban Law Firm.

http://unionanderisalaw.com/

Jun 25
New 401(k) Regulations May Have An Important and Costly Impact on Employers and Plan Sponsor

New 401(k) Regulations May Have An Important and Costly Impact on Employers and Plan Sponsor

In recent months, numerous articles have been written regarding the Department of Labor’s new disclosure rules for 401(k) plans. The new fee disclosure rules are very important to participants in 401(k) plans because for the first time…
Apr 23
California Supreme Court Clarifies Meal Periods for Employee

California Supreme Court Clarifies Meal Periods for Employee

Recently, the California Supreme Court provided some clarification regarding meal periods for California employees. The Court was tasked with interpreting California Labor Code Section 512 and Wage Order No. 5. In Brinker Restaurant Corp.…
Apr 23
California Supreme Court Clarifies Meal Periods for Employee

California Supreme Court Clarifies Meal Periods for Employee

Recently, the California Supreme Court provided some clarification regarding meal periods for California employees. The Court was tasked with interpreting California Labor Code Section 512 and Wage Order No. 5. In Brinker Restaurant Corp.…

Rank this Week: 3418

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/

Apr 13
Arbitration Clause Struck Down With Massachusetts Choice of Law Language in California Disability Discrimination Case

Arbitration Clause Struck Down With Massachusetts Choice of Law Language in California Disability Discrimination Case

A former attorney, fired from her job at a large law firm in California due to her disability got court approval to finally take her case to court, and overturn the law firm's arbitration clause. The employer could not compel arbitration…
Apr 3
Leave Beyond What is Required Under Pregnancy Leave Laws May Be A Required Reasonable Accommodation Under FEHA

Leave Beyond What is Required Under Pregnancy Leave Laws May Be A Required Reasonable Accommodation Under FEHA

A case of first impression in the California Court of Appeal clarified the rights of pregnant employees under the Fair Employment and Housing Act (FEHA), explaining that the requirements imposed by other pregnancy leave statutes do not…
Mar 27
Retaliation EEOC Claims Most Prevalent in California for 2012

Retaliation EEOC Claims Most Prevalent in California for 2012

In California and nationally, retaliation claims have been on the rise according to the EEOC (Equal Employment Opportunity Commission). Retaliation charges are made by employees when they are subjected to adverse employment actions (e.g.…

Rank this Week: 3763

Atlanta Overtime Lawyers Blog

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

http://www.atlantaovertimelawyersblog.com/

Mar 21
Shooter Alley Dancers' Lawsuit: Law Firm Martin & Martin Files Minimum Wage And Overtime Collective/Class Action On Behalf Of Exotic Dancers At Shooter Alley

Shooter Alley Dancers' Lawsuit: Law Firm Martin & Martin Files Minimum Wage And Overtime Collective/Class Action On Behalf Of Exotic Dancers At Shooter Alley

On March 19, 2013, Martin & Martin filed a minimum wage and overtime lawsuit against Shooter Alley, Inc. - an adult entertainment club in Georgia. The lawsuit seeks to represent all current and former dancers who have worked at the club…
Mar 10
Exotic Dancers Are Employees - Not Independent Contractors - Entitled To Minimum Wage And Overtime

Exotic Dancers Are Employees - Not Independent Contractors - Entitled To Minimum Wage And Overtime

Within the last few years, the issue of the proper status of exotic dancers or strippers has been litigated throughout the country and the general consensus among courts is that they are employees - not independent contractors -- and entitled…
Feb 25
Workers May Be Entitled To Pay For Time Traveling For Work

Workers May Be Entitled To Pay For Time Traveling For Work

Many times companies require employees to travel from one location to another and the question arises whether this travel time is compensable. Is an employer required to pay its employees for travel time? Courts look at three factors: 29…

Rank this Week: 3783

GSAS Law

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

http://www.newyorkemploymentlawyersblog.com/

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…
Feb 27
The "Efficiency" of Class Arbitration

The "Efficiency" of Class Arbitration

By Oren Giskan, Esq. As we know, most companies now force their customers and/or their employees to arbitration through mandatory arbitration provisions in their contracts, whether it be an employment contract or the tiny print on the back…
Dec 5
American Express Arbitration Opt-Out Expires February 15, 2013

American Express Arbitration Opt-Out Expires February 15, 2013

by Catherine Anderson, Esq. From now until February 15, 2013, consumers may opt-out of the Arbitration Provision of the American Express credit card agreement. Consumers who opt-out of arbitration will be able to bring claims and disputes…

Rank this Week: 3770

San Francisco Bay Area Lawyer Blog

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

http://www.sfbayareaemploymentlawyerblog.com/

Mar 5
Changes to Mechanics Lien laws in 2012 - Part 2

Changes to Mechanics Lien laws in 2012 - Part 2

Two of the most commonly used remedies available to contractors are mechanics liens and stop payment notices. The rules and procedures affecting mechanics liens, stop payment notices and bond claims changed on July 1, 2012 (SB 189). An…
Feb 28
Changes to Mechanics Lien laws in 2012 - Part 1

Changes to Mechanics Lien laws in 2012 - Part 1

Construction contractors have enhanced collection remedies to help them obtain payment. Two of the most commonly used remedies are mechanics liens and stop payment notices. These rights are based on the California Constitution and various…
Jan 28
What Does Indemnity Mean? - Part 2

What Does Indemnity Mean? - Part 2

Defense Continued from Part 1. A duty to defend another is a separate part of an indemnity provision. It requires the person giving the indemnity (the indemnitor) to pay for an attorney to defend the person receiving the indemnity (the…

Rank this Week: 4007

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/

Oct 20
Dangers of Political Debate in the Workplace

Dangers of Political Debate in the Workplace

Tis election season! And it is impossible to ignore the political debate that is unfolding in the media, on social networks, and in everyday conversation. Can and should employers restrict political discussion in the workplace? It…
Oct 1
Planning a Workplace Social Activity? Five Considerations Regarding Liability

Planning a Workplace Social Activity? Five Considerations Regarding Liability

Most years our firm sponsors an annual weekend retreat, a holiday party, and several other social activities for the Henderson Franklin team. These events are typically loosely structured and serve to improve upon cohesion and camaraderie…
Sep 24
Join Us in Cape Coral for Our First HR Law Mini-Conference

Join Us in Cape Coral for Our First HR Law Mini-Conference

Henderson Franklin's Employment Law Practice Group will host its first HR Law Mini-Conference in Cape Coral on October 16, 2012 at the beautiful Resort at Marina Village. Join us for a half-day seminar focused on topics that affect local…

Rank this Week: 4152

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 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…
Oct 31
Key ADEA Ruling from Divided En Banc 6th

Key ADEA Ruling from Divided En Banc 6th

By demonstrating that a retirement plan’s disability benefits provision facially discriminates on the basis of age, the EEOC has established a prima facie case of age discrimination, according to a divided en banc 6th Circuit ruling…

Rank this Week: 4004

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