Labor & Employment


Employee Benefit Plan Review – From the Courts – October 2016
October 17, 2016 | Labor & Employment | Insurance Coverage

Video Surveillance Properly Led Claim Administrator to Terminate Long-Term Disability Benefits, Eleventh Circuit Rules

The plaintiff in this case worked for JPMorgan Chase Bank as a technical operations lead – a sedentary position that required sitting most of the day – and had long-term disability insurance coverage as a participant in an employee welfare benefit plan

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Employee Benefit Plan Review – From the Courts – September 2016
September 6, 2016 | Labor & Employment | Insurance Coverage

Court Permits Plaintiff to Proceed Under a Pseudonym with Complaint Seeking Long-Term Disability Benefits

The plaintiff in this case, who alleged that she suffered from HIV/AIDS, brought a lawsuit under the Employee Retirement Income Security Act (ERISA) to recover benefits she asserted were due to her under a long-term disability insurance benefit plan sponsored by her former

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Employee Benefit Plan Review – From the Courts – August 2016
August 23, 2016 | Labor & Employment | Insurance Coverage

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

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Employee Benefit Plan Review – From the Courts – June 2016
June 22, 2016 | Labor & Employment | Insurance Coverage

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

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Changes to Minimum Wage Requirements for Home Care Workers
October 31, 2015 | Labor & Employment | Health Services

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

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The Fair Chance Act
| Labor & Employment

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

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From the Courts
April 1, 2015 | Appeals | Labor & Employment | Insurance Coverage

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

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Citing Surveillance Videos and Other Evidence, Circuit Court Upholds Plan Administrator’s Decision to End Employee’s Long Term Disability Benefits
July 31, 2014 | Appeals | Labor & Employment | Insurance Coverage

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,

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ADA Accommodation Claim by Janitor Who Alleged She Had a Sensitivity to Cleaning Products Is Rejected
June 30, 2014 | Appeals | Labor & Employment | Insurance Coverage

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

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Severance Payments Made to Terminated Employees Are Taxable Wages, Supreme Court Rules
May 31, 2014 | Appeals | Labor & Employment | Insurance Coverage

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

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