Search for: "Union and ERISA Law"
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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]
5 Oct 2016, 7:10 am
Your rights in an employer’s pension plan or a union pension plan are not even part of the property of your bankruptcy estate. [read post]
Manage Retaliation Risks In Response To Updated EEOC Enforcement Guidance, Rising Retaliation Claims
31 Aug 2016, 2:02 am
” Prohibited retaliation in violation of EEO laws occurs when an employer, employment agency or union takes a materially adverse action because an applicant or employee asserts rights or engages in certain other activities protected by the EEO laws. [read post]
1 Aug 2016, 9:42 pm
Specifically, the District Court ruled: Brain, Cook and Cook’s law firm wrongfully retaliated against Robbins in violation of ERISA 510 for her communications with the DOL by placing her on administrative leave; causing the work performed by the department that Robbins previously managed to be outsourced to Zenith and by causing Zenith not to hire Robbins to participate in its work; Brain, Cook and Cook’s law firm wrongfully retaliated against Rice in… [read post]
19 Jul 2016, 10:18 am
Consult with outside labor and employment law counsel with respect to any or all of the above matters. [read post]
7 Jul 2016, 3:42 am
(Voting is a property right under UK common law). [read post]
1 Jul 2016, 1:49 pm
About The Author Cynthia Marcotte Stamer is a noted Texas-based management lawyer and consultant, author, lecture and policy advocate, recognized for her nearly 30-years of cutting edge management work as among the “Top Rated Labor & Employment Lawyers in Texas” by LexisNexis® Martindale-Hubbell® and as among the “Best Lawyers In Dallas” for her work in the field of “Tax: Erisa & Employee Benefits” and “Health Care” by D… [read post]
1 Jul 2016, 12:23 pm
Employers, employee benefit plan fiduciaries and others caught violating Federal employment, employee benefit, and a wide range of other laws and regulations ranging from the Fair Labor Standards Act (FLSA) to the Employee Retirement Income Security Act (ERISA), and many other Federal Labor and employment laws should brace for increased civil penalties and other changes in the calculation of these penalties under interium rules just released by the DOL. [read post]
23 Jun 2016, 10:21 am
Stamer’s legal and management consulting work throughout her nearly 30-year career has focused on helping organizations and their management use the law and process to manage people, process, compliance, operations and risk. [read post]
18 Jun 2016, 4:59 am
The Defense of Marriage Act provides, in part, that “marriage” is a legal union between one man and one woman as husband and wife. [read post]
18 Jun 2016, 4:59 am
The Defense of Marriage Act provides, in part, that “marriage” is a legal union between one man and one woman as husband and wife. [read post]
31 May 2016, 4:05 pm
In Gobeille, the Supreme Court ruled that the preemption provisions of Section 514 of the Employee Retirement Income Security Act (ERISA) bar Vermont from requiring self-insured ERISA Plans In addition to excusing self-insured Plans from the trouble and expense of complying with Vermont’s disclosure law, the Supreme Court’s ruling in Gobeille that Vermont cannot enforce the law against self-insured ERISA Plans raises a concern that the Privacy… [read post]
24 May 2016, 6:57 am
One of the reforms brought about by ERISA was a requirement that pensions be separately managed from the unions or businesses which collected and invested the money. [read post]
6 May 2016, 11:45 am
Board Certified in Labor & Employment Law by the Texas Board of Legal Specialization, Ms. [read post]
27 Apr 2016, 9:01 am
Employer and other plan sponsors, group health plan fiduciaries and insurers alike should make compliance with the ACA preventive care mandates a priority because violations of the preventive coverage rule not only exposes group health plans and insurers to potential liability for wrongful denial of benefits, breach of fiduciary duty for ERISA covered arrangements and other similar insurance claims for insurers under state law, noncompliance with these mandates generally triggers… [read post]
27 Apr 2016, 9:01 am
Employer and other plan sponsors, group health plan fiduciaries and insurers alike should make compliance with the ACA preventive care mandates a priority because violations of the preventive coverage rule not only exposes group health plans and insurers to potential liability for wrongful denial of benefits, breach of fiduciary duty for ERISA covered arrangements and other similar insurance claims for insurers under state law, noncompliance with these mandates generally triggers… [read post]
21 Apr 2016, 10:07 am
In the case of employer sponsored plans subject to the Employee Retirement Income Security Act of 1974, for instance, the selection and proper oversight of business associates and the management of plan data both are subject to the fiduciary responsibility rules of ERISA. [read post]
21 Apr 2016, 10:07 am
In the case of employer sponsored plans subject to the Employee Retirement Income Security Act of 1974, for instance, the selection and proper oversight of business associates and the management of plan data both are subject to the fiduciary responsibility rules of ERISA. [read post]
12 Apr 2016, 3:50 pm
Supplementing existing precedent and EBSA’s already existing broad, functional definition of “fiduciary,” the Rule clarifies when individuals and entities that provide “covered investment advice” to plans, plan sponsors, fiduciaries, plan participants, beneficiaries and Individual Retirement Accounts (IRAs) and IRA owners are: Fiduciaries of the Plan or IRA for purposes of Title I of ERISA; Required to acknowledge their status and the status of their individual… [read post]
12 Apr 2016, 3:50 pm
Supplementing existing precedent and EBSA’s already existing broad, functional definition of “fiduciary,” the Rule clarifies when individuals and entities that provide “covered investment advice” to plans, plan sponsors, fiduciaries, plan participants, beneficiaries and Individual Retirement Accounts (IRAs) and IRA owners are: Fiduciaries of the Plan or IRA for purposes of Title I of ERISA; Required to acknowledge their status and the status of their individual… [read post]
