Employment & Labor


Employee Benefit Plan Review – From the Courts
November 19, 2019 | Insurance Coverage | Employment & Labor
Eleventh Circuit Affirms Denial of Plaintiff’s Request for Attorneys’ Fees The U.S. Court of Appeals for the Eleventh Circuit has affirmed a district court’s decision denying a plaintiff’s motion for attorneys’ fees under the fee-shifting provision of the Employee Retirement Income Security Act of 1974 (ERISA). THE CASE The plaintiff, who suffered from anorexia, was …
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Employee Benefit Plan Review – From the Courts
October 29, 2019 | Norman L. Tolle | Insurance Coverage | Employment & Labor
Eighth Circuit Affirms Dismissal of Complaint by Participant in Defined-Contribution Retirement Savings Plan  The U.S. Court of Appeals for the Eighth Circuit, applying the reasoning in a 2014 decision by the U.S. Supreme Court, has upheld dismissal of a complaint brought by a participant in a defined-contribution retirement savings plan governed by the Employee Retirement …
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New January 1, 2020 Exempt Salary Minimums
October 8, 2019 | Brian S. Conneely | John K. Diviney | Keegan B. Sapp | Employment & Labor
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 …
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New York State Passes Sweeping Changes to Work Place Harassment Laws
September 17, 2019 | Keegan B. Sapp | John K. Diviney | Employment & Labor
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 …
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Employee Relations Law Journal – From the Courts
August 26, 2019 | Insurance Coverage | Employment & Labor
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 …
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Employee Relations Law Journal – From the Courts
July 29, 2019 | Insurance Coverage | Employment & Labor
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 …
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Employee Benefit Plan Review – From the Courts
June 26, 2019 | Insurance Coverage | Employment & Labor
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 | Insurance Coverage | Employment & Labor
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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