Tag: Supreme Court
Two New U.S. Supreme Court Rulings May Mean More Retaliation Suits
The U.S. Supreme Court has handed down two new rulings that give employees more leeway when suing employers for retaliation based on race and age.
Benefits: What’s the Extent of Our Risk Following the New U.S. Supreme Court 401(k) Ruling?
I’ve read about the new 401(k) Supreme Court case. How far back can employees sue us if they claim we mishandled their retirement accounts? And how can we protect ourselves now for something that might have already happened? — Anonymous
Arbitration: U.S. Supreme Court Rules That Labor Code Doesn’t Trump Arbitration Agreement
Employee Benefits: U.S. Supreme Court Says Individuals Can Recover Damages for Mishandling of Retirement Accounts; Self-Protection Options for Employers
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 […]
‘Me Too’ Evidence May–or May Not–Be Admissible, Says U.S. Supreme Court
Suppose an employee files a discrimination lawsuit against you, claiming she was let go in a reduction in force because of her age. To help prove her case, she wants to paint a picture of a corporate culture of age bias. She plans to do this by introducing testimony from former co-workers who also claim […]
Bulletin: U.S. Supreme Court rules on ERISA case
In a unanimous decision favorable to employees, the U.S. Supreme Court recently ruled that individual 401(k) plan participants can sue plan administrators under the federal Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty. James LaRue had initiated the lawsuit after his employer failed to follow his investment instructions, which he said resulted […]
U.S. Supreme Court Set To Rule On ERISA Case
As of press time, the U.S. Supreme Court was set to rule on a case that could redefine the claims and remedies allowed under the federal Employee Retirement Income Security Act (ERISA). The lawsuit arose after a 401(k) plan participant asked the plan administrator, which was his employer, to change his elections. The participant claimed […]
High Court Defines ‘Charge’ in Age Discrimination
The U.S. Supreme Court has ruled on the definition of a “charge” of age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employee is required to file a “charge” with the U.S. Equal Employment Opportunity Commission (EEOC) before the dispute is escalated to court. But the term “charge” is not […]
Mishandling 401(k) Accounts Can Lead to Expensive Claims
The U.S. Supreme Court has handed down an important new ruling that could open the floodgates for claims by employees charging that their employers mishandled retirement accounts. The new case involved James LaRue, who filed a lawsuit under ERISA—the federal law that governs employee benefits—claiming that his employer’s failure to follow his investment directions under […]