Benefits

  • January 06, 2021

    Texas Worker Crushed By Tractor Entitled To Lifetime Benefits

    A Texas appellate panel has affirmed a jury's verdict that a Lubbock County worker who was crushed by a tractor while on the job is entitled to lifetime workers' compensation benefits, rejecting the county's challenges to the award.

  • January 06, 2021

    FNB Investors Want Atty Fees For Getting Back CEO Bonus

    A pair of investors in Pittsburgh-based FNB Corp. want the company to pay their attorney fees for allegedly getting the bank to enforce a limit on its CEO's stock awards, which they say led to the return of $1.2 million worth of shares to the company.

  • January 06, 2021

    NY Airport Worker Health Care Bill Signed Into Law

    A first-of-its-kind New York state law will place health care benefits into the hands of thousands of uninsured workers at John F. Kennedy and LaGuardia airports after Gov. Andrew Cuomo signed a bill that predates the COVID-19 pandemic.

  • January 06, 2021

    Ex-Union Leader Gets 12 Years For $800K Health Fund Theft

    A former union president was sentenced to 12 years in federal prison after a conviction for stealing $800,000 from a union fund to give to his family and cover legal bills, a U.S. attorney in California said.

  • January 06, 2021

    DOL Finalizes New Worker Classification Regs

    The Department of Labor rolled out a multifactor test Wednesday for determining whether workers are independent contractors, meaning the business they perform work for doesn't have to pay minimum wage or overtime that the Fair Labor Standards Act requires for employees.

  • January 05, 2021

    11th Circ. Won't Rethink Revival Of NFL Disability Suit

    The Eleventh Circuit on Tuesday declined to rehear its decision finding that the board for the National Football League's retirement and disability plan abused its discretion in denying permanent disability benefits for an ex-lineman.

  • January 05, 2021

    More Allstate Workers Lob ERISA Claims Over Fund Lineup

    A second group of Allstate employees sued the insurer Monday looking to recoup tens of millions of dollars they claim they've lost because the company failed to remove underperforming investment funds from its retirement plan.

  • January 05, 2021

    NJ Justices Doubt Denying Jobless Benefits After Arrest

    The New Jersey Supreme Court cast doubt Tuesday on denying unemployment benefits to a worker who lost his job when he was arrested and jailed but who ultimately beat the criminal charges, challenging the state's position that the disqualification was sound since the incarceration was not related to his work.

  • January 05, 2021

    COBRA Suit Against Southwest Grounded For Good

    A former Southwest Airlines worker has settled her suit against the airline claiming it violated COBRA by failing to properly notify her of her right to stay on the company's health insurance plan after she was fired.

  • January 05, 2021

    P&G Must Face ERISA Suit Over Expat's Pension Cuts

    A suit brought against Procter & Gamble by a retiree who said his pension was unlawfully slashed after he moved to the U.S. won't be tossed by an Ohio federal judge, who said a U.S. Supreme Court decision supported keeping the case alive.

  • January 05, 2021

    MLB Network Fired Worker Who Wanted Sick Leave, Suit Says

    A makeup artist slapped the Major League Baseball Network with a retaliation suit Tuesday, claiming the company wrongly told her New Jersey sick leave law didn't cover her and fired her when she pushed for time off.

  • January 05, 2021

    Coronavirus Regulations: A State-By-State Week In Review

    Despite difficulties surrounding the coronavirus vaccine rollout in some areas, including a Wisconsin pharmacist accused of intentionally spoiling 500 doses, the new year ushered in the first round of inoculations for Illinois veterans in long-term care facilities as well as plans to administer the vaccine to first responders in Massachusetts. 

  • January 05, 2021

    LinkedIn Aims Ax At Workers' Mismanaged $817M 401(k) Suit

    LinkedIn urged a California federal judge Monday to toss an employee proposed class action claiming the social media company and its top brass mismanaged their $817 million retirement fund, saying the plan participants' dislike of the investment options doesn't mean LinkedIn violated federal labor law.

  • January 05, 2021

    Midlands Can Keep Award Over $5.76M Retirement Plan Theft

    A Colorado federal judge has upheld an arbitration award issued after Midlands Management Corp. successfully challenged Matrix Trust Co.'s role in the theft of $5.76 million from a former Midlands sister company's retirement plan, ruling that Matrix blew its chance to fight the award.

  • January 05, 2021

    High Court Seeks Workers' Input On Gannett ERISA Fight

    The U.S. Supreme Court hinted it might want to review a split Fourth Circuit decision that revived a would-be class action accusing Gannett Co. of dropping the ball by letting workers sink their retirement savings into the stock of a company Gannett spun off in 2015.  

  • January 04, 2021

    Nissan Exec Freed From Investors' Pay Scandal Suit

    A Tennessee federal judge dismissed one Nissan executive from a putative securities fraud class action, but kept others who have been trying to get out of a suit that seeks to hold the automaker and its fugitive ex-chairman liable for investors' alleged losses.

  • January 04, 2021

    DOL Says Extending FFCRA Leave Earns Cos. Tax Credit

    Now that the Families First Coronavirus Response Act's paid leave requirement has expired, companies have no obligation to fund employees' sick time or family leave — but, if they keep doing so through March 31, they can collect a tax credit, the U.S. Department of Labor has told employers.

  • January 04, 2021

    Valero Unit Keeps Texas Trial Win In Suit Over Worker's Death

    A Texas appellate court has upheld a jury's decision to clear a Valero unit in a worker's heatstroke death while he was wearing impermeable personal protective equipment, saying the use of more employer-friendly Louisiana law in the case was correct.

  • January 04, 2021

    B. Braun Medical Ex-Workers Fight To Save 401(k) Fee Dispute

    Four former B. Braun Medical Inc. employees urged a Pennsylvania federal judge to preserve their challenge to the company 401(k) plan's fees, arguing Monday that a recent ruling undermines the medical device manufacturer's bid to toss their proposed ERISA class action.

  • January 04, 2021

    Ex-Dolphins Accountant Throws Flag On Benefits Denial

    A former Miami Dolphins executive has slapped the team and the NFL with a lawsuit in Florida federal court, saying they violated federal benefits law by knowingly misclassifying him as a contractor to avoid having to shell out benefits.

  • January 04, 2021

    Investor Seeks Records In $1.37B Takeover Of Building Co.

    A pension fund demanded records detailing the $1.37 billion private equity takeover of building materials company Foundation Building Materials, telling the Delaware Chancery Court that it wants to determine whether the deal was fairly valued.

  • January 04, 2021

    Kirkland-Guided Paycor Nabs $270M In Fresh Investments

    Private equity-backed Paycor, guided by Kirkland & Ellis LLP, said Monday that an investor consortium will inject $270 million into the payroll software company to help fuel growth.

  • January 04, 2021

    Walmart To Pay Up To $14M For Truce In Military Leave Suit

    Walmart has agreed to shell out between $10 million and $14 million to settle a class action claiming it stiffed employees in the armed services on pay when they took short-term military leave.

  • January 01, 2021

    Devil's In The Details As Union Pension Crisis Awaits Biden

    President-elect Joe Biden is expected to eventually sign a legislative fix for the funding crisis currently threatening union retirees' pensions, but exactly what that solution will look like will depend on Congress, experts say. Here, Law360 looks at the prospects for pension reform and other benefits changes in 2021

  • January 01, 2021

    Epic Litigation Landscape Awaits Health, Life Sci Attys In 2021

    Health care and life sciences lawyers are heading into an electrifying year of litigation as the Trump administration's 11th-hour policymaking sparks legal challenges, the coronavirus pandemic ignites fraud suits, fodder grows for kickback probes and the U.S. Supreme Court mulls momentous cases involving the False Claims Act, abortion and Obamacare. 

Expert Analysis

  • COVID-19 Spurs Associates To Think Bigger — Like Partners

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    What is the firm's data on profit per partner? How do the rainmakers seal deals without pre-COVID-19 pricey dinners? Is the firm financially stable? These are the kinds of partner-level questions associates are now asking before choosing a new firm, which points to a major shift in the lateral landscape, say Kate Reder Sheikh and Rebecca Glatzer at Major Lindsey & Africa.

  • 9th Circ. 'Willful' Ruling Could Extend Beyond FMLA Context

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    The Ninth Circuit’s recent application of the Fair Labor Standards Act's willfulness standard to a Family and Medical Leave Act claim in Olson v. U.S. could lead federal appellate courts to embrace this welcome form of judicial consistency in cases involving other statutes where “willful” is not defined, say Joshua Zuckerberg and LaKeisha Caton at Pryor Cashman.

  • Opinion

    GCs Are Uniquely Qualified To Lead Diversity Initiatives

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    As guardians of their companies' codes of conduct and ethical standards, general counsel have the ability to endorse changes that will help their corporations create more diverse and equitable workplaces, says Deborah Marson at Iron Mountain.

  • 3 Ways Defendants Can Nip Civil RICO Claims In The Bud

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    Federal courts across the country have rejected civil Racketeer Influenced and Corrupt Organizations Act claims at the pleading stage in several recent cases that illustrate how defendants can utilize specificity, distinct enterprise and proximate cause to head off allegations of racketeering, says Gopi Panchapakesan at Bird Marella.

  • 2020's Top Pa. Employment Law Changes, And What's Ahead

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    As Pennsylvania companies adjust to this year’s new sick leave laws, updated overtime standards and myriad COVID-19 regulations, they should keep an eye on issues like minimum wage requirements that were sidelined during the pandemic but may regain focus in 2021, says Stephanie Rawitt at Clark Hill.

  • What The Biden Administration Can Expect From State AGs

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    With the nationwide split between Republican and Democratic state attorneys general unchanged post-election, the Biden administration can anticipate challenges to major health care, energy and environmental policy initiatives, continued activity from state solicitors general, and increased consumer protection enforcement, say William Hurd and Christopher Carlson at Troutman Pepper.

  • Perspectives

    Judges On Race: Reducing Implicit Bias In Courtrooms

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    With unconscious biases deeply embedded in the court system, judges must take steps to guard against the power and influence of stereotypes during jury selection, evidence admissibility hearings, bail proceedings and other areas of judicial decision making, says U.S. Circuit Judge Bernice Donald.

  • Navigating Atty Relationship Conflicts That May Imperil Cases

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    In light of recent American Bar Association guidance on conflicts of interest posed by social or intimate relationships between opposing counsel, lawyers must carefully consider whether any personal ties could lead to ethics violations that may affect the outcome of a case, say Thomas Wilkinson and Douglas Fox at Cozen O'Connor.

  • How Mediators Can Help Parties Overcome Emotional Barriers

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    Litigants' emotions can doom the prospects for settlement during mediation, so listening with empathy and helping parties look at a case less emotionally are important tools in a mediator's kit, says Sidney Schenkier at JAMS.

  • Series

    Judging A Book: Wardlaw Reviews 'Hamilton And The Law'

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    Lisa Tucker's collection of essays, "Hamilton and the Law: Reading Today's Most Contentious Legal Issues Through the Hit Musical," has the seemingly incongruous effect of drawing the reader into America's formative history while also contemplating the intractable issues facing us today, including racial justice, immigration and gender equality, says Ninth Circuit Judge Kim Wardlaw.

  • 2020's NY Employment Law Changes Will Have Lasting Impact

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    Mark Goldstein and Alexandra Manfredi at Reed Smith discuss the reverberating effects of this year’s most significant New York state and city employment law developments — including COVID-19 regulations, new paid sick leave requirements and expanded anti-discrimination standards.

  • 7 Tips For Predeposition Meetings Under New Federal Rule

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    Attorneys can use a new predeposition meet-and-confer obligation for federal litigation — taking effect Tuesday — to better understand and narrow the topics of planned testimony, and more clearly outline the scope of any discovery disputes, says James Wagstaffe at Wagstaffe von Loewenfeldt Busch.

  • What To Expect From Federal Agency Leadership Changes

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    Attorneys at Morgan Lewis discuss how quickly companies may see policy changes from new leadership at the U.S. Department of Treasury, U.S. Department of Justice, U.S. Department of Labor, U.S. Equal Employment Opportunity Commission and National Labor Relations Board after the Biden administration takes office.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • UnitedHealth ERISA Ruling Exposes Faults In Health Coverage

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    Perhaps one of the most significant health insurance decisions ever, a California federal court’s recent ruling that Employee Retirement Income Security Act violations require a UnitedHealth subsidiary to reconsider 50,000 denied mental health treatment claims reveals how insurers' decisions sometimes disregard generally accepted care standards, says Mark DeBofsky at DeBofsky Sherman.

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