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FCRA Changes Impose New Rules For Employers Using "Consumer Reports"
New regulations that go into effect early next year will require employers who use "consumer reports" to hire, fire promote, demote and/or reassign current or prospective employees to inform their...
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When Does A 401(k) Contribution Become A Plan Asset? New 11th Circuit...
In Pantoja v. Edward Zengel & Son Express Inc., Case No. 12-10036 (11th Cir. Dec. 12, 2012), the United States Court of Appeals for the Eleventh Circuit ruled that a section 401(k) plan...
View ArticleIRS Voluntary Classification Settlement Program Update - More Tax Relief For...
The Internal Revenue Service ("IRS") is revising and expanding eligibility for the Voluntary Classification Settlement Program ("VSCP") that offers tax relief for employers that agree to prospectively...
View ArticleNotre Dame Might Win the National Championship - But It Loses to the...
The United States District Court for the Northern District of Indiana dismissed the University of Notre Dame's action against the United States Department of Health and Human Services Secretary...
View ArticleSupreme Court Declines To Review Montana Preemption Case
The United State Supreme Court will not review a ruling from the United States Court of Appeals for the Ninth Circuit that the Employee Retirement Income Security Act (“ERISA”) does not preempt a...
View ArticleNew Form I-9 Issued by U.S. Citizenship and Immigration Services
A revised Employment Eligibility Verification Form I-9 has been published by the U.S. Citizenship and Immigration Services ("USCIS"). Employers are allowed to immediately begin to use the form, but...
View ArticleSupreme Court Issues Ruling In U.S. Airways ERISA
The United States Supreme Court held today in U.S. Airways, Inc. v. McCutchen, in a 5-4 decision, that the terms of an ERISA plan cannot be overridden by equitable principles in an action for equitable...
View ArticleD.C. Court Strikes Down NLRB Poster Rule
The United States Court of Appeals for the District of Columbia struck down on May 7, 2013 a rule requiring companies to post a notice advising employees of their rights under federal labor law,...
View ArticleGobble Goblle - EEOC Wins $240 Million Disability Verdict Again Turkey Company
The U.S. Equal Employment Opportunity Commission ("EEOC") on May 1 won a $240 million award in a disability discrimination suit brought on behalf of 32 men with intellectual disabilities. A federal...
View ArticleParticipants' Stock-Drop Claims Overcome Moench Presumption in Wilmington...
The United States District Court for the District of Delaware ruled on May 3, 2013 that a group of participants challenging Wilmington Trust Corp.'s ("WT Corp.") decision to continue offering company...
View ArticleFive Bailey & Ehrenberg Attorneys Honored as 2013 Super Lawyers and Rising Stars
Bailey & Ehrenberg is pleased to announce that five of the firm’s attorneys have been named to the 2013 Washington, D.C. Super Lawyers and Rising Stars lists as being among the top attorneys in...
View ArticleIRS,DOL and HHS Issue Final Wellness Program Regulations
On May 29, 2013, the U.S . departments of Health and Human Services and Labor and the Internal Revenue Service issued final regulations regarding employee wellness programs under the Patient Protection...
View ArticleTexas University’s Race Admissions Policy Is Debated Before 5th Circuit Court...
Interesting article in today's NY Times about the Fisher case the Supreme Court heard a while back. The Fifth Circuit just held oral argument....
View ArticleThe Proliferation of Noncompetition Agreements
Interesting article on the expansion of noncompetition agreements/clauses in today's New York Times. Whereas noncompetes used to be geared mostly towards positions in the technology and related sectors...
View Articleb&e Obtains Victory After Bench Trial In ERISA Case
Firm partner James Bailey obtained a victory on behalf of Firm clients in an ERISA fiduciary breach case in the United States District Court for the Eastern District of Pennsylvania. After a bench...
View ArticlePennsylvania Federal Court Awards Life Insurance Beneficiaries Relief in Form...
A federal judge awarded the beneficiaries of a deceased life insurance participant $120,000 in equitable surcharge after finding that the plan administrator breached its duties by misrepresenting...
View ArticleEEOC Issues New Pregnancy Discrimination Guidelines
As of July 14 2014, the Equal Employment Opportunity Commission (EEOC) has issued a new guidance on pregnancy discrimination, updating and replacing its previous longstanding guidance. With this new...
View ArticleOklahoma University Professor's Discrimination Claims Survive Summary Judgment
A federal district court in Oklahoma recently denied a university’s motion for summary judgment on the Title VII race discrimination and retaliation claims of a professor who was denied tenure after...
View ArticleMore Soup Please - Shelter Employee's Title VII Retaliation Claim Revived
Noting there was much that was “odd” about the case, and “too many loose ends” to have warranted summary judgment, the United States Court of Appeals for the Seventh Circuit revived a discharged...
View ArticleLong Term Disability Benefits Denied to Surgeon After Segway Accident
A federal judge in California recently determined that a surgeon who was injured in a segway accident waived his claim to long term disability benefits in a settlement agreement with his former...
View ArticleFormer Executive Denied Long Term Disability Benefits After Falling Down...
The United States Court of Appeals for the Sixth Circuit recently held that a former hospital executive who sustained injuries deplaning his private aircraft isn't entitled to disability benefits,...
View ArticleSame Sex Spouse Lacked Standing to Pursue COBRA Claims
A federal court in New Jersey ruled Wednesday that a nurse's same-sex spouse can't sue the nurse's former employer for failing to provide notice of continued health-care coverage under COBRA. See...
View ArticleDOL to Propose New Fiduciary Rule for Financial Advisors
The United States Department of Labor ("DOL") is re-proposing a rule that would set a fiduciary standard for financial advisers and brokers who give advice about retirement accounts. The proposed rule,...
View ArticleD.C. Circuit Issues ERISA "Shutdown Benefits" Decision in PBGC Litigation...
The United States Court of Appeals for the District of Columbia Circuit ruled Friday that the Pension Benefit Guaranty Corporation ("PBGC") properly denied "shutdown benefits" to a former employee of...
View ArticleThe Supreme Court’s Young v. UPS Decision Expands the Ability of Pregnant...
The U.S. Supreme Court today issued its long-awaited ruling in Young v. United Parcel Service. The case interprets language in the Pregnancy Discrimination Act, 42 U. S. C §2000e(k), that had divided...
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