Labor & Employment


Deducting Balances Due on Company-Guaranteed Credit Cards from Employees’ Final Paychecks Did Not Violate FLSA, Circuit Court Rules
April 30, 2014 | Appeals | Labor & Employment | Insurance Coverage

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

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New York City Earned Sick Time Act Commences April 1, 2014
March 31, 2014 | Labor & Employment

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. 

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Director of Insurer’s Retirement Plans Business Unit Found Exempt from FLSA Overtime Rules
February 28, 2014 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case was hired by Standard Insurance as Director of Institutional Sales and Product Manager for The Standard’s 403(b) and 457 retirement products shortly after the company introduced a new product into those markets. The plaintiff’s responsibilities included training staff about 403(b) plans, explaining their differences from 401(k) plans, doing what was

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Claim for Disability Benefits Filed 9 1/2 Years After Payments Had Ceased Is Dismissed on Statute of Limitations Grounds
January 31, 2014 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case sued Raytheon Company on June 13, 2013 for breach of contract because it had discontinued paying long term disability benefits to him in November 2000. The plaintiff, who had been terminated by Raytheon in July 2002, sought $3.8 million in damages.

Raytheon moved to dismiss, arguing that the plaintiff’s action

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CVS Pharmacist Found Exempt from FLSA’s Overtime Rules
December 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case was employed as a pharmacist by CVS RX Services, Inc. His base weekly salary, which was calculated on a 44 hour work week, exceeded $1,250. CVS guaranteed his base salary and classified him as a salaried employee exempt from the time-and-a-half overtime requirements of the federal Fair Labor Standards Act

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Employment Agreement’s Requirement that Employee Bring Legal Actions Within Six Months Is Ruled Invalid with Respect to FLSA and Equal Pay Act Claims
October 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case worked for FedEx Customer Information Services, Inc., under an employment agreement that provided, in part, that “[t]o the extent the law allows an employee to bring legal action against Federal Express Corporation, I agree to bring that complaint within the time prescribed by law or 6 months from the date

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Court Rules Same-Sex Spouse Entitled to Survivor Annuity under ERISA Profit Sharing Plan
September 30, 2013 | Appeals | Labor & Employment | Insurance Coverage

After Sarah Ellyn Farley began working at a law firm in 2004, she became a participant in the firm’s profit sharing plan.  In 2006, Farley married Jean Tobits in Toronto, Canada, as authorized under Canadian law. Shortly after her wedding, however, Farley was diagnosed with cancer and died in 2010.

The profit sharing plan required that,

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Court Dismisses Breach of Fiduciary Duty Claim against Disability Plan Administrator for Failing to Provide Plan Summary
August 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

After her claim for benefits was denied, the plaintiff in this case, a former employee of Corning Incorporated and a participant in the Corning Incorporated Long Term Disability Plan, sued the plan administrator – the Corning Benefits Committee – for breach of fiduciary duty by virtue of its alleged failure to furnish her with a

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Circuit Upholds Sanctions against Plaintiff’s Attorney in Case Involving Alleged Breach of Disability Insurance Policy
July 31, 2013 | Appeals | Labor & Employment | Insurance Coverage

The plaintiff in this case sued Paul Revere Life Insurance Co., alleging that Paul Revere had engaged in bad faith and that Paul Revere had breached his disability insurance policy by terminating his disability benefits. The district court dismissed the plaintiff’s bad faith claim, and denied the plaintiff’s two motions for reconsideration.

Shortly before trial

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Fair Labor Standards Act
June 30, 2013 | Labor & Employment

The United States Court of Appeals Second Circuit issued a significant decision with respect to individual liability of corporate officers and employees under the Fair Labor Standards Act (“FLSA”).  In Irizarry v. Castimedes, (Torres v. Gristede’s Operating Corp.) the Court found that an individual owner of a corporation may be held to be an employer

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