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9th Circuit Reverses Ruling on Participant’s Claim for Surcharge

Plan participants can recover personal, rather than plan, losses under arguments of “surcharge,” the 9th U.S. Circuit Court of Appeals recently ruled, reversing an earlier opinion, which had been at odds with other federal circuits. On Dec. 16, the circuit court handed down the new ruling in Gabriel v. Alaska Elec. Pension Fund, 2014 WL 7139686 (9th […]

The Trap of Overbroad, Out-of–Date Policies

In yesterday’s Advisor, we found attorney Kevin Troutman’s first five threats and traps for HR managers; today, three more plus an introduction to the all-in-one HR website, HR.BLR.com. Troutman, who is a partner in the Houston office of law firm Fisher &Phillips LLP, blogged his threats and traps on Mondaq.com. [Go here for Traps 1 […]

NLRB sets public meeting on proposed changes to union election rules

The National Labor Relations Board (NLRB) has set two days of meetings in April to hear opinions on proposed changes to rules governing union representation elections. The NLRB will meet for April 10-11 at its headquarters in Washington, D.C., to allow members of the public to present their views on what probusiness interests have labeled […]

Connecting Members and Data Promises to Reduce Costs

Tremendous cost-cutting and patient care improvements await insurers and plans that can leverage the recent gains of computing to improve patient self-management of care. The challenge is how to tap the big pools of data, and get “actionable” personalized results out to plan members so they can choose better, cheaper care and manage this care […]

Court Clarifies Successor Liability Rule for Wages Owed by Predecessor

By David M. Stevens, Whiteford, Taylor & Preston LLP A business that purchases the assets of another entity is often concerned about whether it will be held liable for the seller’s debts, including any claims involving employees. In a recent case, Maryland’s Court of Special Appeals examined the standard to be applied in determining whether […]

Are we evolving on sexual orientation/gender identity issues?

Many states have statutes prohibiting discrimination against employees on the basis of sexual orientation or gender identity. Not all states have such prohibition, and since there is no broad federal prohibition on discrimination by private employers based on either category, that leaves local ordinances to address the issue. A look at what is happening in […]

Bill Would Require Minimum Wage in Sheltered Workshops

For more than 70 years, the Fair Labor Standards Act has allowed employers to pay some workers with physical or mental impairments less than the federal minimum wage. H.R. 3086, introduced by Cliff Stearns (R-Fla.), Tim Bishop (D-N.Y.) and Gregg Harper (R-Mo.) earlier this fall, would change that. HR 3086 would phase out special wage […]

News Notes: County Can’t Be Sued For Inducing Employee To Relocate

A lawyer fired from a government job soon after moving from Orange County to Santa Clara County was barred from suing his new employer for inducing him to relocate under false pretenses. Ordinarily, it’s illegal in California to misrepresent employment terms to persuade someone to move to take a job in a different locality. In […]

Title VII verdict upheld for Egyptian-American Muslim employed by BSA

by Rosemary B. Guiltinan The U.S. 1st Circuit Court of Appeals  recently upheld a jury verdict in favor of an Egyptian-American Muslim employee of the Boy Scouts of America (BSA) who claimed the BSA denied him career advancement opportunities based on his national origin and religion. The court upheld the verdict because the employer failed […]