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9 Nov 2010, 8:58 pm by Cynthia Marcotte Stamer
  Filed under: Disability, Discrimination, EEOC, Employee Benefits, Employers, GINA, Human Resources, Privacy, Risk Management, Union Tagged: ADA, EEOC, Emloyment Discrimination, Employment, GINA, Privacy [read post]
8 Oct 2010, 5:14 am by David G. Badertscher
He also allowed ERISA claims brought by union fund plaintiffs in the case to move forward.Plaintiffs Firms Hit With Rule 11 Sanctions in Dismissed Securities Class ActionThe American LawyerA federal judge in Connecticut has granted an unusual motion for Rule 11 sanctions against Labaton Sucharow and Barroway Topaz Kessler Meltzer & Check, lead plaintiffs counsel in a failed securities class action against Star Gas. [read post]
1 Oct 2010, 6:20 am by David G. Badertscher
DISTRICT COURTSOUTHERN DISTRICT OF NEW YORKBusiness Law Reports' Preparation Did Not Make Remaining Defendant ERISA Fiduciary Apogee Enterprises Inc. v. [read post]
17 Sep 2010, 6:43 am by Stephen D. Rosenberg
Nonetheless, I did want to pass along this short piece from the Legal Malpractice Law Review - which, despite its title, is a blog - on whether a legal malpractice action against an attorney who was providing legal services to a plan participant under a legal services plan can be preempted by ERISA. [read post]
16 Sep 2010, 7:06 pm by Dorothy
STATE OF FLORIDA, Appellee. 5th District.Criminal law -- Sentencing -- Mandatory minimum -- Armed Career Criminal Act -- Predicate convictions -- Prior felony possession of short-barreled shotgun was not violent felony under ACCA -- District court properly declined to sentence defendant under ACCAUNITED STATES OF AMERICA, Plaintiff-Appellant, v. [read post]
3 Sep 2010, 5:21 am
Circuit decision ratchets up the risk for employers who use location trackingLittler Mendelson PCEmployers are increasingly tracking their employees' whereabouts as smartphones, laptops, and vehicles equipped with location-tracing technology become ever more prevalent.Election data survey shows unions gaining traction in hospitalsLittler Mendelson PCLittler recently reviewed union election results at hospitals over the last five years.Liability for breach of industrial safety… [read post]
24 Aug 2010, 4:08 am
The New School, 14 N.Y.3d 469 (2010), the New York Court of Appeals settled the open question of whether the Faragher-Ellerth affirmative defense available under federal law applies to sexual harassment and retaliation claims brought under the New York City Human Rights Law (“NYCHRL”).United States Department of Labor to revise regulations on reporting of costs related to union organizing campaignsBond Schoeneck & KingAs part of its Spring 2010 regulatory… [read post]
19 Aug 2010, 4:39 am
Department of Health and Human Services (HHS) jointly published a final rule implementing the new provisions of the Patient Protection and Affordable Care Act (PPACA) governing a group health plan's internal claims and appeal processes and external appeal requirements.Health and Human Services wants comments on exchangesFox Rothschild LLPStep one in the process of creating insurance exchanges required under the PPACA (health care reform) is officially underway.DOL issues interim final… [read post]
6 Aug 2010, 11:00 am by David Lat
In the divorce litigation, Delente tried to challenge her waiver of a share in McKenna’s pension benefits by claiming it was invalid under ERISA (a pretty hot area of law). [read post]
5 Aug 2010, 9:33 am by Cynthia Marcotte Stamer
 In the meantime, health plan sponsors, fiduciaries, insurers and administrators looking to catch up on the most significant new requirements for employer and union sponsored health plans for the upcoming year also should consider registering to participate in the Solutions Law Press Health Plan Update Briefing scheduled for August 24, 2010. [read post]
23 Jul 2010, 9:48 pm by Cynthia Marcotte Stamer
Filed under: ADA, Affordable Care Act, Disease Management, EEOC, Employee Benefits, Employers, ERISA, Excise Tax, family leave, Fiduciary Responsibility, FMLA, GINA, H.R. 4872, Health Care Reform, Health Plans, HIPAA, Human Resources, Insurance, Leave, medical leave, Medicare Part D, Mental Health, Mental Health Parity, Military Leave, Patient Protection and Affordable Care Act, Payroll Tax, Prescription Drugs, Public Policy, Reporting & Disclosure, Union, USERRA, Wellness,… [read post]
8 Jul 2010, 3:58 am
The constitutionally impermissible provision had applied to labor unions as well, although union spending was not directly at issue in this case. [read post]
29 Jun 2010, 12:58 pm by Cynthia Marcotte Stamer
Employers, including state and local governments and unions, who provide health coverage for early retirees are eligible to apply. [read post]
10 Jun 2010, 6:05 am by Stanley D. Baum
Detroit Diesel and the union did not renew the agreements capping the retiree health care contributions for the 1993-2004 retirees in later bargaining cycles, instead implementing a new retiree health care program for post-2004 retirees. [read post]
9 Jun 2010, 5:00 am by Ryan Barack
The Employee Retirement Income Security Act (ERISA) protects employee benefits when the employer offers them. [read post]
8 Jun 2010, 10:00 am by Richard D. Worth
Contrary to Smith Barney’s argument, the Eastern District of Pennsylvania relied upon the Third Circuit’s holding in Glaziers and Glassworkers Union Local No. 252 Annuity Fund v. [read post]