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19 Oct 2016, 1:04 pm by Cynthia Marcotte Stamer
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]
19 Feb 2008, 11:40 am
The Supreme Court agreed to review three more employment cases addressing:  (1) whether an arbitration clause in a collective bargaining agreement can apply to statutory issues as well as contract issues; (2) whether a union may charge non-union members for litigation costs expended on behalf of the union members; and (3) how a divorcing spouse may waive rights to the other spouse's ERISA pension benefits. [read post]
13 Mar 2010, 5:02 pm by jefhenninger
Internal Revenue Service (“IRS”), wages that they were obligated to pay their workers pursuant to state law and benefits that they were obligated to pay to employee benefit funds on behalf of their union-affiliated employees. [read post]
28 Apr 2011, 10:13 am by Lauren Moak
Because ERISA preempts state law, an employer subject to ERISA generally cannot be required to provide benefits to partners in a civil union. [read post]
Burridge is an attorney with Bodman PLC’s workplace law practice group in Detroit, Michigan. [read post]
1 Dec 2011, 12:35 pm by M. Scott McIntyre
Clemons found that, in contrast, the class was not suing on statutory rights provided by ERISA; rather, the state law claims for breach of contract were preempted by ERISA. [read post]
29 Apr 2019, 7:21 am by Cynthia Marcotte Stamer
The Law in Wisconsin changed and after June 4, 2016, the mandatory payment of union dues is illegal and you cannot be forced to pay union dues. [read post]
3 Apr 2009, 10:04 am
  The Mancini plant employees were not represented by a union and were not participating in a pension plan. [read post]
29 Jul 2013, 11:17 pm by Will Baude
Federal law and ERISA usually ask whether the parties are married — not simply whether they have a lawful civil union. [read post]
23 Mar 2011, 4:57 pm by Adria B. Martinelli
Second, private employers offering health and retirement benefits that are subject to ERISA — a federal law — may not be required to offer such benefits to a spouse in a civil union. [read post]
23 Jun 2011, 3:12 pm by Stanley D. Baum
As to section 502(a)(2) of ERISA (which generally allows a plan participant to sue for breach of fiduciary duty), under case law, that section allows an action on behalf of the plan, and does not provide for individual relief. [read post]
21 Sep 2013, 7:32 pm by Howard Friedman
Similarly, the term "marriage" will be read to include a same-sex marriage that is legally recognized as a marriage under any state law....The terms "spouse" and "marriage," however, do not include individuals in a formal relationship recognized by a state that is not denominated a marriage under state law, such as a domestic partnership or a civil union, regardless of whether the individuals who are in these relationships have the same rights and responsibilities as those… [read post]
11 Jun 2008, 1:47 pm
The Service Employees International Union and the Teamsters have sued six law firms (including Beasley Allen, Girardi and Keese, and Levin Fishbein) for their handling of the Vioxx settlement. [read post]
2 Mar 2010, 5:58 pm by Cynthia Marcotte Stamer
  Federal labor law requires that employers tread carefully when dealing with union or other organizational activity. [read post]
10 Apr 2011, 5:30 pm
Such was the case during my early involvement with ERISA in the mid-1970s which included administration of multiemployer plans. [read post]
10 Apr 2011, 5:30 pm
Such was the case during my early involvement with ERISA in the mid-1970s which included administration of multiemployer plans. [read post]
18 Jun 2012, 3:24 am by Administrator
Gray in holding, in a case of first impression, that it is not a violation of public policy for a union to indemnify an employer for any contingent liability incurred due to ERISA and the MPPAA. [read post]