Labor & Employment
March 20, 2020 | Kenneth A. Novikoff | John K. Diviney | Tamika N. Hardy |
Governor Cuomo issued Executive Order 202.8 directing all non-essential businesses statewide to reduce in-office staff by 100% until further notice. This includes bars and restaurants that have been directed to close its’ doors and operate on a limited take-out only basis.
The closures and 100% reduction of in-office staff is part of Governor Cuomo’s 10-point
Read MoreMarch 19, 2020 | Kenneth A. Novikoff | John K. Diviney | Tamika N. Hardy |
President Trump on March 18, 2020, signed the Families First Coronavirus Response Act (COVID-19 Bill) to provide emergency relief to businesses and employees in response to the coronavirus pandemic. The COVID-19 Bill will become effective no later than 15 days from March 18, 2020 (or on April 2, 2020). Businesses with fewer than 500 employees
Read More| Kenneth A. Novikoff | John K. Diviney | Tamika N. Hardy |
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
Read MoreMarch 17, 2020 | | |
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
Read MoreMarch 6, 2020 | |
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
Read MoreFebruary 26, 2020 | Paul V. Majkowski | | | | |
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
Read MoreFebruary 3, 2020 | |
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
Read MoreJanuary 2, 2020 | |
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”
Read MoreNovember 19, 2019 | |
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
Read MoreOctober 29, 2019 | |
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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