Employment & Labor


Employee Benefit Plan Review – From the Courts
June 26, 2019 | Ian S. Linker | Employment & Labor | Insurance Coverage
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 …
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U.S. Supreme Court: Title VII Charge-Filing Requirement Is Not Jurisdictional
June 4, 2019 | Jonathan B. Bruno | Deborah M. Isaacson | Employment & Labor
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 …
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Employee Benefit Plan Review – From the Courts
May 29, 2019 | Ian S. Linker | Employment & Labor | Insurance Coverage
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 …
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New Rules for Premium Visa Processing and H-1B Data Hub
March 20, 2019 | Henry M. Mascia | Employment & Labor | Immigration
On March 19, 2019, the United States Citizenship and Immigration Services (USCIS) announced two major changes to the H-1B visa program. First, USCIS will allow a modified form of premium processing for H-1B visa petitions that are subject to the annual cap (“cap-subject H-1B petitions”). In the past two years, USCIS had suspended premium processing …
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2nd Circuit Finds Hostile Work Environment Claims Can Be Brought under the ADA
March 11, 2019 | Cali L. Eckler | Jonathan B. Bruno | Employment & Labor
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 …
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What Employers Need to Know Now about H-1B Visas
March 6, 2019 | Henry M. Mascia | Employment & Labor | Immigration
It is now H-1B visa season, meaning that the U.S. Department of Homeland Security (DHS) is accepting H-1B visa applications from April 1st to April 5th. The H-1B visa program has come under intense public scrutiny over the last two years. In response to perceived abuses in the H-1B program, President Trump issued the “Buy …
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DHS Proposes Termination of H-4 Work Authorization
February 28, 2019 | Henry M. Mascia | Employment & Labor | Immigration
On February 20, 2019, The Department of Homeland Security (DHS) sent the Office of Management and Budget a proposed rule that would eliminate the work authorization for those present on an H-4 visa. The proposed termination of work authorization has the potential to drastically affect the companies that employ H-4 workers. Proactive employers can avoid a disruption …
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Employee Benefit Plan Review – From The Courts
February 19, 2019 | Ian S. Linker | Employment & Labor | Insurance Coverage
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 …
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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Employment & Labor | Immigration
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 …
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Proceed with Caution on Autonomous Vehicles
January 22, 2019 | Michelle A. Bholan | Privacy, Data & Cyber Law | Commercial Litigation | Employment & Labor
Waymo – the self-driving technology subsidiary of Google parent Alphabet Inc., – launched a self-driving taxi service in Phoenix at the end of 2018. As companies continue to speed into the autonomous vehicles space, the birth of this industry is raising unprecedented issues. Policy-makers, insurers, automobile manufacturers, employers, and others are encouraged to begin considering …
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