The United States Department of Labor issued a final regulation to take effect January 1, 2020, raising the minimum overtime salary threshold for exempt employees under federal law to $35,568. New York State employers, though, must be mindful that, also as of January 1, 2020, they must pay exempt employees substantially higher minimum salaries, or

As we previously reported in our October 2018 Employment & Labor Bulletin, employers must ensure their anti-harassment policies meet the state minimum requirements and implement the state-required harassment prevention training on or before October 9th. For employers in New York City there are additional requirements under the Stop Sexual Harassment in NYC Act.

In addition

First Circuit Applies Abuse of Discretion Standard to Uphold Denial of Long-Term Disability Benefits

The U.S. Court of Appeals for the First Circuit has upheld a claim administrator’s decision denying a claim for long-term disability (LTD) benefits under an employee welfare benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA), finding

Third Circuit Affirms Denial of Disability Benefits Under ‘Any Occupation’ Standard

The U.S. Court of Appeals for the Third Circuit has upheld a decision denying disability benefits to a claimant under the “any occupation” standard of an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) where the plaintiff failed

5th Circuit Applies Deferential Abuse-of-Discretion Standard of Review and Upholds Claim Administrator’s Application of Plan’s Weight-Loss Surgery Exclusion

The U.S. Court of Appeals for the Fifth Circuit has upheld the adverse benefit determination of a claim administrator of a health insurance benefits plan governed by the Employee Retirement Income Security Act of 1974 (ERISA) after

On June 3, 2019, the United States Supreme Court ruled that Title VII’s charge-filing requirements, while mandatory, are not jurisdictional, and any objections will be deemed forfeited if an employer waits too long to raise them.

In Fort Bend County, Texas v. Davis, Respondent Davis filed a charge against her employer, Fort Bend County, with

Second Circuit Finds That Claim for ERISA Pension Plan Benefits Was Time-Barred

Historically, employees leaving Xerox Corporation typically received a lump sum payment equal to the total value of their then-accrued pension benefit under the Xerox pension plan, an employee benefit plan governed by the Employee Retirement Income Security Act of 1974 (ERISA). Employees who

On March 6, 2019, the U.S. Court of Appeals for the Second Circuit joined its sister Circuits and held for the first time that hostile work environment claims are cognizable under the Americans with Disabilities Act (ADA), opening the door for employees in New York, Connecticut and Vermont to make such claims.

In the case

11th Circuit Holds ERISA Plan’s Anti-Assignment Provision Bars Third-Party Doctor’s Claim for Reimbursement for Services 

The Employee Retirement Income Security Act of 1974 (ERISA) provides that plan participants and plan beneficiaries may bring a private civil action to recover benefits due under the terms of a plan, to enforce rights under a plan, or to

On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here.

According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular