Tribal Government’s ERISA Claims Against Blue Cross May Proceed, Court Rules

The Little River Band of Ottawa Indians, a federally recognized Indian tribe, entered into an administrative services contract (ASC) with Blue Cross & Blue Shield of Michigan that provided that the Little River Band was a “self-funded” customer of Blue Cross. As provided in

Relying on Dudenhoeffer, Court Dismisses Action Against ERISA Fiduciary Based on Publicly Available Information

The plaintiff in this case was a former employee of J.C. Penney Corporation, Inc., a retail department store, who purchased and held J.C. Penney common stock in her retirement account through the J.C. Penney Savings Profit-Sharing and Stock Ownership Plan. The

In 2014, the United States Department of Labor (“DOL”) issued a new regulation to be effective January 1, 2015 to modify the minimum wage and overtime requirements of home care workers (including companionship and live-in domestic workers).  Prior to the new regulation being effective, a Federal District Court vacated the regulation finding that the DOL

The Fair Chance Act, which imposes substantial restrictions and obligations on New York City employers, goes into effect on October 27, 2015. Generally, the ordinance prohibits an employer (with at least four employees) from inquiring about a candidate’s pending arrest or conviction record until after a conditional offer of employment has been extended.  Only a

U.S. Supreme Court Reverses Decision Finding that Collective Bargaining Agreements Created Right to Lifetime Contribution-Free Health Care Benefits

The plaintiffs in this case had worked at, and in 1996 and 1998 had retired from, the Point Pleasant Polyester Plant in Apple Grove, West Virginia. During their employment, the plaintiffs were represented in collective bargaining by

The plaintiff in this case was employed by BDP International as an air import coordinator. Her full time sedentary job required her to sit for most of an eight hour day and, occasionally, to lift or carry a small amount of weight.

After she was diagnosed with relapsing-remitting multiple sclerosis (“MS”) in the late 1990s,

The plaintiff in this case worked for Knight Facilities Management-GM, Inc., as a janitor for several years, during which time she alleged that she developed a sensitivity to cleaning products.

After she went to her family physician with symptoms, the doctor recommended that the plaintiff miss work for a week and wear a mask when

Before and after voluntarily entering bankruptcy, Quality Stores, Inc., an agricultural-specialty retailer, terminated thousands of employees. The employees received severance payments that were the result of a reduction in work force or a discontinuance of a plant or operation pursuant to two different termination plans.

Under the first plan, terminated employees received severance pay based

The plaintiffs in this case sued their former employer, Costco Wholesale Corporation, under the federal Fair Labor Standards Act (FLSA) and the California Labor Code, alleging that Costco improperly had withheld wages from their final paychecks to repay the undisputed outstanding balances due on their company-guaranteed credit cards.

After a bench trial in which the

The New York City Earned Sick Time Act (the “Act”), as recently amended, goes into effect on April 1, 2014.  The amendment has set forth significant changes to the original New York City Earned Sick Time Act, adopted into law on June 26, 2013 (the “Original Act”).  Key provisions of the Act are discussed herein.