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In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. In the past, courts have taken the contrary position that the federal employee benefits law only […]
The National Labor Relations Board (NLRB) wrapped up a two-day meeting April 11 in which both foes and supporters spoke out about a proposed change to the rules governing union representation elections. But even before spokespersons of pro-union and pro-business interests began their statements, a U.S. House of Representatives Committee was advancing bills aimed at […]
Large employers with 200 and more employees will not have to automatically enroll their workforces into health plans, under budget legislation signed by President Obama. This Affordable Care Act provision was repealed because it was a low government priority and because business objected to it. Rules explaining the provision were never issued and it never took […]
In exemption misclassification cases, damages can be huge, says attorney Susan G. Fentin, and lawyers are lining up to bring suits against your organization. Fentin, who is a partner in the Springfield, MA offices of labor and employment firm of Skoler, Abbot & Presser, P.C., is Associate Editor of the Massachusetts Employment Law Letter. She […]
By Diane M. Pietraszewski The Equal Employment Opportunity Commission (EEOC) recently issued two pieces of revised guidance focusing on the employment rights of disabled veterans under the Americans with Disabilities Act (ADA). One of the documents, titled “Veterans and the Americans with Disabilities Act: A Guide for Employers,” is directed at employers. The other document […]
Recently, a California Court of Appeals ruled that the right to sue on behalf of or as a representative of others for wage and hour violations under the Private Attorneys General Act of 2004 (also known as PAGA) and California’s unfair competition law can’t be assigned to a third party, such as a union. Now, […]
A San Fernando jury has awarded $576,000 to an Auto Club of Southern California employee who claimed she was repeatedly groped and subjected to unwanted attention for two years by a co-worker who was so persistent that he followed her into the women’s restroom. Cheryl Parker said she reported the problem in writing to a […]
The federal government’s Thrift Savings Plan, a 401(k)-type program previously available only to federal civil service and postal workers, will now be open to uniformed members of the armed services while on active duty and to reservists while on military-pay status. A special enrollment period runs through Jan. 31. More information is available at the TSP […]
We’re encountering challenging disability accommodation situations because of differences in California and federal law. Is the California definition of “disability” always going to be more favorable to employees than federal law? I also don’t understand why whether a person has a disability is determined under California law without considering mitigating measures. If a person is […]
The minimum wage in Vermont will increase to $8.46 per hour from $8.15 per hour on January 1, 2012, according to a statement from the Vermont Department of Labor. The state minimum wage increases at the same rate as the Consumer Price Index, as calculated in August, for the preceding year or at five percent, […]