In response to the growing concerns over the coronavirus, (COVID-19) Governor Cuomo issued a temporary mandatory work-force reduction plan (Executive Order) and signed a COVID-19 relief bill (COVID-19 Bill).

COVID-19 Executive Order

The Executive Order mandates that all non-essential businesses implement work from home policies and reduce in-office staff by 50%. In fact, as we

The spread of coronavirus (COVID-19) has presented unprecedented challenges for employers who hire foreign nationals. Employers must take special care to ensure compliance with immigration laws during this crisis.  Here a few of the most common scenarios, with recommendations on how to address them.

Working Remotely

Now that social distancing has become the norm, many

Ninth Circuit Affirms Decision Rejecting Suit Seeking Early Retirement Benefits

The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision rejecting a plaintiff’s lawsuit seeking to overturn determinations by administrators of two retirement trusts governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) denying his claims for early

With the coronavirus outbreak continuing in China, significant new incidences being reported in South Korea and Italy, and stories of quarantines permeating the news, in addition to the catastrophic toll on human health, we are far from business as usual in many respects. In the U.S., a CDC official has now stated, “It’s not a

ERISA Required Payment of Plan Proceeds to Widow, But Prenuptial Agreement Barred Her Retention of Them, Alabama Supreme Court Rules

The Supreme Court of Alabama, affirming a trial court’s decision, has ruled that a plan administrator had properly distributed proceeds from a company’s 401(k) retirement plan and from its pension benefit plan to a deceased

In Absence of “Qualifying Event,” Employer Did Not Have to Send COBRA Notice to Employee, Sixth Circuit Concludes

The U.S. Court of Appeals for the Sixth Circuit, reversing a district court’s decision, has ruled that, in the absence of a change to the terms and conditions of the employee’s health insurance coverage, no “qualifying event”

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

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

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

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