Search for: "Union and ERISA Law"
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19 Feb 2008, 7:09 am
Issue: Whether ERISA's Qualified Domestic Relations Order provision is the only valid way a divorcing spouse can waive her right to receive her ex-husband's pension benefits under ERISA. [read post]
29 Dec 2021, 2:13 pm
The decision arose in the context of an organizing drive by a local Teamsters union. [read post]
28 Jul 2011, 6:29 am
Borzi testified that the five-part regulatory test used under the current regulations to determine when ERISA’s fiduciary requirements apply to “investment advice” and when the advisor is a “fiduciary” significantly narrowed the plain language of the ERISA statute so that much of what plainly is advice about plan investments is not treated as investment advice as fiduciary conduct under ERISA and the person paid to render that advice is not… [read post]
17 Nov 2008, 3:33 am
It must comply with the requirements of state law, as well as ERISA and other federal laws. [read post]
29 Dec 2020, 4:00 pm
This Client Advisory highlights important developments in the law governing employee benefit plans over the past year. [read post]
5 Dec 2014, 5:30 am
WY Dept. of Employment FAQs.Some vacation policies are an earned benefit under ERISA, so employers that have no use-it-or-lose-it policy and fail to pay out earned vacation may risk a lawsuit under ERISA.If you want to know about your state's vacation laws, a great state-by-state summary is here. [read post]
27 Dec 2012, 5:33 am
Inc. violated the FLSA by failing to pay 233 installers and removers the minimum and overtime wages and keep records required by law. [read post]
10 Oct 2014, 6:23 am
Companies who wish to analyze whether their non-employee workers are properly classified as independent contractors must now contend with a new NLRB test, in addition to the IRS Right to Control Test (used for federal tax purposes), common law Right to Control Test (used for ERISA and federal discrimination law purposes), modified Treasury version of the common law Right to Control Test (used for Affordable Care Act purposes), Economic Realities Test (used for… [read post]
25 Feb 2013, 8:47 pm
Inc. violated the FLSA by failing to pay 233 installers and removers the minimum and overtime wages and keep records required by law. [read post]
18 Mar 2015, 7:40 am
This discussion will explore selected challenges for plan fiduciaries, administrators and sponsors and will include a discussion of the following issues: Who is the fiduciary with responsibility over these matters ERISA fiduciary duties to investigate and respond to breaches Fiduciary obligations in connection with selection of vendors Curtailing data leakage and breach exposure by addressing delegation rights of vendors Interaction with HIPAA, IRC, and other laws… [read post]
17 Mar 2015, 2:49 pm
Depending on the scope and nature of data affected and their involvement with the affected plans, employer or other plan sponsors, fiduciaries, administrators and service providers also may be subject additional responsibilities under applicable contracts and policies, the fiduciary responsibility requirements of the Employee Retirement Income Security Act of 1974 (ERISA), the Internal Revenue Code, and a host of other laws. [read post]
26 Mar 2012, 3:55 pm
One need only think of the massive regulation of insurance that is represented by ERISA to see how deep and unquestioned is that conclusion. [read post]
18 Mar 2009, 3:17 pm
Since Kennedy last acted, the ordinance has been upheld by the Ninth Circuit, in a ruling Sept. 30 rejecting a claim by the Association that the city-county law is preempted by federal worker benefit law (ERISA). [read post]
6 Nov 2008, 11:00 pm
ERISA. [read post]
18 Aug 2015, 1:13 pm
Some benefit plans are non-ERISA plans and different laws and plan provisions govern potential lawsuits for plan benefits. [read post]
3 Mar 2010, 7:29 pm
Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, Ms. [read post]
28 Mar 2008, 4:41 pm
In New York, an appellate court held a man ineligible for survivor’s benefits under Workers’ Compensation Law because that law permits benefits to a surviving spouse, not to the survivor of a civil union entered into in Vermont. [read post]
15 Jul 2012, 8:04 pm
A primary drafter of the Bolivian Social Security pension privatization law, Ms. [read post]
19 Sep 2013, 7:32 am
“Spouse” and “marriage,” however, do not include individuals in a formal relationship recognized by a state but notdenominated a marriage under state law, such as a domestic partnership or a civil union, without regard to whether the individuals in these relationships have the same rights and responsibilities as married individuals under state law — regardless of whether the relationship is an opposite-sex or same-sex one. [read post]
20 Sep 2018, 8:25 am
(An “employee organization”, such as a labor union, may also sponsor an employee benefit plan.) [read post]
