Search for: "Union and ERISA Law"
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28 Sep 2017, 6:22 am
Then, some tried to distinguish Concepcion by arguing that it merely elevated the federal FAA above state law, and that a class waiver of a federal claim cannot be enforced. [read post]
28 Sep 2017, 6:22 am
Then, some tried to distinguish Concepcion by arguing that it merely elevated the federal FAA above state law, and that a class waiver of a federal claim cannot be enforced. [read post]
24 Sep 2017, 9:35 pm
Outsiders play a crucial role in our system of administrative law—that is, companies, unions, environmental groups, and others, including lawyers. [read post]
21 Sep 2017, 12:09 pm
Accordingly, the retirees and union allege that these unilateral changes in coverage constitute a breach of the applicable CBA, and a violation of ERISA. [read post]
13 Sep 2017, 4:00 pm
Construing the Acceptable Use Policy as prohibiting all recording in the workplace without the employer’s consent, the Fifth Circuit concluded that the policy would “discourage” a reasonable employee from engaging in protected activity” because a reasonable employee would construe the Policy as prohibiting employee unionizing or other concerted activity protected by the NLRA. [read post]
6 Jul 2017, 6:07 pm
The Supreme Court closed out a rather anti-climactic term, employment law-wise, in June. [read post]
22 Jun 2017, 12:57 pm
Central Solutions Law Press, Inc. [read post]
7 Jun 2017, 4:26 am
” At the Associated Press, Sam Hananel reports that “[c]onservative groups are wasting little time in trying to deal a crippling blow to labor unions now that Justice Neil Gorsuch has joined the Supreme Court. [read post]
28 May 2017, 4:49 am
A public officer may be removed from his or her office pursuant to Public Officers Law §36 Abolishing a position in the public service and the Doctrine of Legislative Equivalency Abolition of positions and the assignment of former teaching duties to other teachers Absence of any reference to the benefit claimed in the collective bargaining agreement defeats the employee organization's breach of contract allegation Absence of the individual who rated the employee unsatisfactory… [read post]
5 Apr 2017, 1:43 pm
Of course, when considering whether to pay or reimburse employee expenses, employers also should evaluate and verify that their planned treatment of an expenditure and its reimbursement otherwise complies with any union or other contracts, as well as any applicable federal and state occupational safety, wage and hour and other laws. [read post]
28 Feb 2017, 7:48 am
Further, providing a detailed discussion of ERISA principles, Miscimarra observed medical coverage is considered a welfare benefit under ERISA, and that ERISA principles apply to medical benefits even when provided in a CBA. [read post]
16 Feb 2017, 4:43 am
Though dismissing his client’s state-law claims for health benefits, the court allowed her to amend her complaint to add an ERISA claim (to preserve it). [read post]
2 Feb 2017, 6:04 pm
A just-announced $3.2 million Health Insurance Portability & Accountability Act (HIPAA) Civil Monetary Penalty (CMP) paid by Children’s Medical Center of Dallas (Children’s) for failing to adequately secure electronic protected health information (ePHI) and correct other HIPAA compliance deficiencies teaches many key lessons for employer and other health plans and insurers, healthcare clearinghouses, healthcare providers and their business associates (“Covered… [read post]
23 Jan 2017, 1:19 pm
He wrote for the court in striking down a provision in Philadelphia’s charter that barred police officers from making contributions to their union’s political action committee. [read post]
23 Jan 2017, 11:35 am
Because the Executive Order is not self-executing, the Executive Order provides no legally enforceable relief from applicable ACA compliance obligations unless and until the applicable Agency or Congress adopts that relief consistent with law. [read post]
29 Dec 2016, 9:30 pm
President Obama’s Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) plan, an executive action announced in 2014 that would have allowed as many as five million undocumented immigrants who are the parents of U.S. citizens or lawful permanent residents to request work permits and temporary relief from deportation, remains blocked after the U.S. [read post]
18 Nov 2016, 3:26 pm
About Solutions Law Press, Inc. [read post]
3 Nov 2016, 6:18 am
Department of Labor Wage and Hour Division (WHD) restaurant enforcement and compliance initiative that WHD already has used to nail a multitude of restaurants across the country for “widespread violations” of Fair Labor Standards Act (FLSA) and other wage and hour laws (WH Law). [read post]
27 Oct 2016, 8:48 am
Compliance with the Privacy and Security Rules of the Health Insurance Portability & Accountability Act (HIPAA) is a living process that requires employer and other health plans, health insurers, health care providers and healthcare clearinghouses to recurrently reevaluate their HIPAA enterprise risk and timely act to mitigate security threats to electronic (ePHI) and other protected health information and other HIPAA compliance concerns on an ongoing basis. [read post]
19 Oct 2016, 1:04 pm
The following chart shows the new civil penalty amounts assessable by EBSA after August 1, 2016 for post November 2, 2015 ERISA violations. [read post]
