Labor & Employment


COVID-19 Update: New York State on Pause
March 20, 2020 | Kenneth A. Novikoff | John K. Diviney | Tamika N. Hardy | Labor & Employment

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

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COVID-19 Update: Federal Relief Bill
March 19, 2020 | Kenneth A. Novikoff | John K. Diviney | Tamika N. Hardy | Labor & Employment

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

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Coronavirus Update: New York State Passes COVID-19 Laws
| Kenneth A. Novikoff | John K. Diviney | Tamika N. Hardy | Labor & Employment

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

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Employers Must Consider Immigration Compliance When Responding to COVID-19
March 17, 2020 | Corporate | Labor & Employment | Immigration

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

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Employee Benefit Plan Review – From the Courts
March 6, 2020 | Labor & Employment | Insurance Coverage

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

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Possible Pandemic, Coronavirus Poised to Pose Risks to U.S. Companies
February 26, 2020 | Paul V. Majkowski | Commercial Litigation | Complex Torts & Product Liability | Compliance, Investigations & White Collar | Directors & Officers Liability | Labor & Employment

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

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Employee Benefit Plan Review – From the Courts
February 3, 2020 | Labor & Employment | Insurance Coverage

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

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Employee Benefit Plan Review – From the Courts
January 2, 2020 | Labor & Employment | Insurance Coverage

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”

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Employee Benefit Plan Review – From the Courts
November 19, 2019 | Labor & Employment | Insurance Coverage

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

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Employee Benefit Plan Review – From the Courts
October 29, 2019 | Labor & Employment | Insurance Coverage

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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