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8 Jun 2012, 1:14 am by Kevin LaCroix
He did however grant defendants’ motions to dismiss the related shareholders’ derivative lawsuit and ERISA class action lawsuits. [read post]
27 Sep 2009, 5:13 pm
Issue: Whether ERISA section 514(a), 29 U.S.C. [read post]
14 Nov 2024, 9:01 pm by eorozco
  It is also likely that the rulemaking relating to “Conflicts of Interest Associated with the Use of Predictive Data Analytics by Broker Dealers and Investment Advisers” is unlikely to be adopted in a form similar to its original proposal, and the rulemaking may not be reproposed at all (as was indicated on the most recent Reg Flex Agenda). [read post]
25 Apr 2017, 3:21 pm by Cynthia Marcotte Stamer
Regardless of what, if anything, the existing Congress or the Trump Administration does to repeal or reform the ACA or other federal health plan rules, all health plan sponsors, insurers, fiduciaries and administrators should act to mitigate their substantial and ever-growing health plan exposures by arranging for an independent compliance audit of their health plan terms, materials and operations for potential uncorrected past or current violations of the 40 federal mandates covered by the… [read post]
1 Mar 2017, 12:55 pm by Cynthia Marcotte Stamer
New procedures announced in the February 27, 2017 Memorandum For All TE/GE Examiners On New Process For All Information Document Requests and scheduled to take effect April 1 seek to expedite the examination process and reduce backlogs. [read post]
5 Apr 2009, 1:26 pm
The Task Force includes all divisions of the SEC, including the Enforcement Division and the Division of Trading and Markets, and investigates possible fraud and breaches of fiduciary duties. [read post]
15 Feb 2010, 8:50 pm by Curran Tomko Tarski LLP
Connecticut AG Lawsuit Highlights Expanding Civil Damage Exposure Risks Of Noncompliance  By Cynthia Marcotte Stamer By Wednesday, February 17, 2010, employer and other health plans and health insurers (“covered entities”) and service providers performing functions on behalf of these entities (“business associates”) must begin complying  with tighter federal requirements for the use, access, protection and disclosure of protected health information under Privacy… [read post]
2 Dec 2016, 11:10 am by Cynthia Marcotte Stamer
Either way, however, zealous and often successful private plaintiff and DOL enforcement of other elements of the While Collar Exemption and other FLSA requirements makes it imperative that employers be prepared to produce the necessary proof to defend their payment of any worker on a salaried basis as well as.compliance with all minimum wage, overtime, record keeping and other FLSA requirements. [read post]
8 Sep 2021, 5:03 pm by Cynthia Marcotte Stamer
Generous recoveries also makes private enforcement very attractive to employees and plaintiffs’ counsel. [read post]
5 Mar 2015, 6:00 am by Maureen Johnston
Tatum 14-656Issue: (1) Whether the plaintiff bears the burden of proving loss causation under the Employee Retirement Income Security Act of 1974, 29 U.S.C. [read post]
1 Mar 2013, 9:10 pm by Cynthia Marcotte Stamer
All employers, including federal employers, are responsible for knowing what hazards exist in their facilities and taking appropriate precautions by following OSHA standards so workers are not exposed to such hazards. [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
“In order to reduce potential risks and vulnerabilities, all workforce members must follow all policies and procedures, and entities must ensure that incidents are reported and mitigated in a timely manner. [read post]
2 Mar 2021, 7:57 am by Cynthia Marcotte Stamer
  Beginning in 2026, the Act also provides for annual increases in the regular rate based on the median hourly wage of all employees as determined by the Bureau of Labor Statistics rounded up to the nearest multiple of $0.05. [read post]
7 Aug 2014, 5:22 pm by Rebecca Tushnet
  Right to assign additional projects came from copyright case, but the others came from tax, ERISA, and labor law cases—a mongrel. [read post]
19 Mar 2015, 8:05 am by Maureen Johnston
Board of Trustees of the National Elevator Industry Health Benefit Plan 14-723Issue: Whether, under the Employee Retirement and Income Security Act of 1974 (ERISA), a lawsuit by an ERISA fiduciary against a participant to recover an alleged overpayment by the plan seeks “equitable relief” within the meaning of ERISA Section 502(a)(3), 29 U.S.C. [read post]
5 Jun 2015, 7:32 am by John Elwood
’” Turning at last to this week’s new relists, we note all of them were at one time rescheduled. [read post]