Benefits

  • May 28, 2020

    Borden Told It Must Tweak Ch. 11 Bonus Pay Plans

    A Delaware judge on Thursday said Borden Dairy Co. needs to show more evidence and adjust performance targets before he will approve up to roughly $4 million in bonuses for 52 employees as part of the milk and dairy supplier's Chapter 11.

  • May 28, 2020

    Express Scripts Loses Bid To Probe Emails In Antitrust Case

    Express Scripts Inc. may not use an "overbroad" discovery request to dig through years of emails belonging to a consultant for an Illinois city that filed a proposed class action over drugmaker Mallinckrodt's purported scheme to drive up the cost of a hormone treatment, an Illinois federal judge has ruled.

  • May 28, 2020

    Pharma Cos. Slam Cert. Bid In Diabetes Drug Price-Fixing Suit

    A group of pharmaceutical companies, including Bausch Health Co., has urged a California federal judge not to certify a class of buyers claiming the companies violated federal antitrust law by blocking a generic version of the diabetes drug Glumetza from entering the market.

  • May 28, 2020

    NYU Workers Point To 8th Circ. Decision In ERISA Appeal

    New York University workers urged the Second Circuit on Thursday to follow the Eighth Circuit's lead when deciding whether to resurrect their ERISA class action against the school, pointing to the Midwestern appellate court's recent revival of a similar suit against Washington University in St. Louis.

  • May 28, 2020

    Newspaper Union Says Arbitrator, NLRB Ruling Not In Conflict

    A union representing the Pittsburgh Post-Gazette's newsroom staffers wants a Pennsylvania federal judge to enforce an arbitrator's finding that the newspaper wrongly refused to chip in more for the workers' health insurance after a collective bargaining contract expired.

  • May 28, 2020

    IRS Offers More Virus Deadline Relief For Employers, Plans

    The Internal Revenue Service provided added deadline relief to some employers and employee plans Thursday because of the COVID-19 pandemic, including granting certified professional employer organizations a temporary reprieve from electronically filing some returns.

  • May 28, 2020

    GE, Fund Chided For 'Petty Squabble' Over Pension Arbitrator

    A Kansas federal judge has ended a dispute between General Electric and the Boilermaker-Blacksmith National Pension Trust over who should oversee a $205 million withdrawal liability arbitration, appointing the arbitrator neither side wanted and condemning the parties' "regrettable" and "most unnecessary" "petty squabbling" on Thursday.

  • May 28, 2020

    Ariz. Tribe Rips DOL Penalties In Suit Over ERISA Enforcement

    The White Mountain Apache Tribe hit the U.S. Department of Labor with an ERISA suit Thursday, claiming the agency abandoned a practice of not enforcing certain reporting requirements against tribes and slapped it with $140,000 in penalties.

  • May 28, 2020

    CDC Tells Employers To 'Change The Way People Work'

    The Centers for Disease Control and Prevention has issued a step-by-step blueprint on how to reopen amid the ongoing coronavirus pandemic, telling employers in no uncertain terms that getting back to business shouldn't mean business as usual.

  • May 27, 2020

    Labor Dept. Watchdog Flags Fraud Risks In Benefit Guidance

    The U.S. Department of Labor's internal watchdog has criticized the agency's recommendation that states allow gig workers to collect unemployment benefits during the COVID-19 pandemic without showing proof of past earnings, telling the department that "the associated risk of fraud is significant."

  • May 27, 2020

    Enterprise Hit With WARN Act Suit Over COVID-19 Mass Layoff

    A 34-year Enterprise Rent-A-Car employee laid off amid the novel coronavirus pandemic hit the company with a proposed class action in Florida federal court Wednesday, alleging its failure to notify its workers of coming mass layoffs "had a devastating economic impact" and violated the WARN Act.

  • May 27, 2020

    Skechers To Ditch $20M In Exec Awards Under Chancery Deal

    Global footwear company Skechers Inc. and stockholders disclosed a tentative deal Wednesday to settle a derivative suit in Delaware Chancery Court by canceling nearly $20 million in equity awards issued to founder Robert Greenberg and two top officers in 2019 and 2020.

  • May 27, 2020

    Pa. Law Firm Faces Claims 'Carelessness' Caused 401(k) Theft

    A Pennsylvania-based disability benefit law firm can't shake allegations that its own carelessness allowed $400,000 in retirement funds to be stolen, after a federal judge ruled Wednesday that a third-party administrator could claim the firm bore the blame for the theft.

  • May 27, 2020

    Contractor Must Fork Over $3M In Union Fund Contributions

    A Manhattan federal court affirmed a $3 million arbitration award against a highway and bridge contractor for making deficient payments to various carpenters union benefit funds.

  • May 27, 2020

    DOL Shuts Down Media's Pre-Release Access To Jobs Data

    The U.S. Department of Labor said Wednesday that it's ending its long-standing practice of giving media access to monthly jobs reports and other data shortly before their public release, citing concerns that some outlets are getting a head start on selling this data to traders.

  • May 27, 2020

    Land O'Lakes Botched Retirement Plan Handling, Workers Say

    Land O'Lakes has been hit with a proposed class action accusing the farmer-owned cooperative of mishandling its workers' retirement plan by loading it with poorly performing investment options and not adequately inspecting its portfolio.

  • May 27, 2020

    JPMorgan's $9M Deal To End 401(k) Suit Clears First Hurdle

    JPMorgan Chase & Co. and a class of roughly 250,000 current and former employees have received the green light to move forward with a $9 million settlement resolving accusations the company profited from its 401(k) plan at workers' expense.

  • May 27, 2020

    New OSHA COVID-19 Guidance Talks Construction Job Safety

    New federal guidance aimed at bolstering construction workers' safety during the COVID-19 pandemic advises employers to keep in-person meetings as short as possible, assess the risk of coronavirus exposure posed by a job site before entering and stagger employees' work schedules.

  • May 26, 2020

    High Court Won't Take Consulate's FSIA Benefits Suit

    The U.S. Supreme Court told the First Circuit on Tuesday that it won't review the appellate court's ruling that Canada's consulate in Boston should have to face an American worker's benefits suit, after some of the circuit judges urged it to examine a decision they say misinterprets the Foreign Sovereign Immunities Act.

  • May 26, 2020

    GE, Fund Can't Agree On Arbitrator In $205M ERISA Case

    A dispute between General Electric and a union pension fund over who will arbitrate a $205 million withdrawal liability lawsuit has escalated, with both GE and the fund accusing each other of refusing to cooperate and asking an Oklahoma federal judge to step in.

  • May 26, 2020

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

    The COVID-19 pandemic found states monitoring scaled-back Memorial Day weekend festivities that went off without a hitch in some places and resulted in crowd-limit violations in others, signaling challenges ahead as the beach season vies with continuing public health safety mandates.

  • May 26, 2020

    ​​​​​​​Labaton Sucharow Takes Lead In WWE Stock-Drop Suit

    A New York federal judge on Friday named Labaton Sucharow LLP lead counsel in a consolidated proposed stockholder class action that alleges World Wrestling Entertainment Inc. hid souring relations with Saudi Arabia from investors, causing the stock price to drop when the facts came to light.

  • May 26, 2020

    Investors Seek To Wrap $95M Deal On Bond Price-Fix Claims

    Investors accusing Bank of America, Deutsche Bank and HSBC of rigging the market for bonds issued by foreign governments are urging a New York federal court to approve a proposed allocation of the $95.5 million in settlements reached with the banks over the proposed class action.    

  • May 26, 2020

    Judge Makes Schlichter Bogard $5M Fee Offer It Won't Refuse

    Schlichter Bogard & Denton LLP and two other firms will receive nearly $5.25 million in fees after a federal judge during a hearing Tuesday offered the attorneys representing Massachusetts Institute of Technology workers in an $18 million ERISA settlement a choice: take the deal or pay for a special master.

  • May 26, 2020

    United Strikes Deal To End Pilots' Military Leave Class Action

    United Airlines Inc. has reached a deal to resolve a class action accusing it of violating federal law by failing to factor pilots' military leave time into their pension calculations. 

Expert Analysis

  • Opinion

    Medicare Secondary Payer Proposal Should Set Fair Penalties

    Author Photo

    The Centers for Medicare & Medicaid Services' proposed rule establishing penalties for Medicare secondary payer late reporting unduly punishes entities for making good faith efforts to disclose claims, says Re Knack at the Medicare Advocacy Recovery Coalition.

  • Opinion

    Don't Cancel Your Summer Associate Programs

    Author Photo

    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

    Author Photo

    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Wash. ERISA Ruling Paves Way For Access To Health Benefits

    Author Photo

    A Washington federal court’s recent decision that a hotel industry health care ordinance is not preempted by the Employee Retirement Income Security Act in ERISA Industry Committee v. Seattle is a critical step toward making health care universally available, particularly for low-wage, nonunion employees, says Mark DeBofsky at DeBofsky Sherman.

  • Top 10 Employment And Benefit Issues In Bankruptcy Cases

    Author Photo

    Companies seeking bankruptcy relief in the wake of the coronavirus pandemic should be aware of crucial aspects of the employee and debtor-employer relationship that are critical to a smooth transition into Chapter 11 and a chance at successful reorganization, say attorneys at Squire Patton.

  • Preparing For A Deluge Of COVID-19 Whistleblower Claims

    Author Photo

    Attorneys at Proskauer break down the kinds of COVID-19 whistleblower retaliation claims employers should anticipate, and explain key steps to minimize risks under the Occupational Safety and Health Act, National Labor Relations Act, Families First Coronavirus Response Act, and state laws.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

    Author Photo

    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Lawyer's Guide To Client Service Continuity Planning

    Author Photo

    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Key Tax Factors To Consider Before Accepting PPP Loans

    Author Photo

    Taxpayers should weigh the costs and benefits of Paycheck Protection Program loans, as they affect the deductibility of certain costs of doing business and invalidate employee retention tax credits, also available under the Coronavirus Aid, Relief, and Economic Security Act, say Libin Zhang and Xenia Garofalo at Fried Frank.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

    Author Photo

    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • The Role Of Remote Mediation After The Crisis Is Over

    Author Photo

    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • Navigating Calif. Wage And Hour Issues Related To COVID-19

    Excerpt from Lexis Practice Advisor
    Author Photo

    Attorneys at Sheppard Mullin discuss the wage and hour challenges California employers may face during the COVID-19 pandemic and break down the Department of Industrial Relations’ FAQs about its enforcement positions.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
    Author Photo

    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Recovering Businesses Should Consider Adopting Incentives

    Author Photo

    While much of the focus today is on restarting the economy and developing action plans to reopen businesses, history outside of corporate America teaches us important lessons on how incentives, not just rules, can drive effective outcomes, say members of Cleary, Seyfarth and Frederic W. Cook & Co.

  • Key Return-To-Work Considerations For Law Firms

    Author Photo

    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!