News & Analysis as of

Employee Retirement Income Security Act (ERISA) Wage and Hour

Bricker Graydon LLP

New IRS Guidance for Long-Term Part-Time Employees in ERISA covered 403(b) Plans at Private, Non-Profit Institutions of Higher...

Bricker Graydon LLP on

In potentially welcome news for public institutions of higher education, in Notice 2024-73, the Internal Revenue Service (IRS) confirmed that the new long-term part-time (LTPT) rules introduced by the SECURE Act and SECURE...more

Alston & Bird

Class Action & MDL Roundup 2024 Q2 – We Are Administratively Feasible

Alston & Bird on

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the second quarter of 2024. In this edition, there can be only one claim form for many, broiler chickens are coming home to...more

Littler

Littler Lightbulb: August Appellate Roundup

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This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fifth Circuit Vacates DOL Tip Credit Rule...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Jersey Federal Court Denies Bid to Block Temporary Workers Bill of Rights Law

On August 30, 2024, a judge of the U.S. District Court of New Jersey denied a motion to partially enjoin the New Jersey Temporary Workers Bill of Rights based on Employee Retirement Income Security Act (ERISA) preemption....more

Littler

Temporary Workers Bill of Rights Scores a Victory in the Third Circuit Court of Appeals

Littler on

On July 24, 2024, the United States Court of Appeals for the Third Circuit affirmed a decision from the District of New Jersey Court, refusing to block New Jersey’s 2023 law, which awards temporary workers equal pay and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Third Circuit Refuses to Block New Jersey Temporary Workers Bill of Rights Law

On July 24, 2024, the U.S. Court of Appeals for the Third Circuit declined to block a New Jersey law aimed at equalizing the pay of temporary workers with that of direct employees....more

FordHarrison

[Webinar] Chevron Deference Overruled by SCOTUS: Understanding the Potential Legal Implications - July 30th, 1:00 pm - 2:00 pm ET

FordHarrison on

On June 28, 2024, in an anticipated but significant decision, the Supreme Court of the United States overruled Chevron U.S.A. Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984), which required courts to...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Jackson Lewis P.C.

Should We Submit Missing Participant Data to the DOL with the Plan’s Form 5500?

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If the U.S. Department of Labor’s Notice of Proposed Information Collection Request, issued on April 15, 2024, becomes final, fiduciary retirement plan committees may be asked to evaluate the important question of whether the...more

Amundsen Davis LLC

Three (3) Major L&E Developments Today --- Impacting Virtually All Employers Throughout the U.S.

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1. Higher Salary Overtime pay salaryThreshold for OT Exempt Employees… The annualized salary level for anyone classified as exempt from OT pursuant to the FLSA’s white-collar exemptions (executive, administrative,...more

Laner Muchin, Ltd.

Federal Court Enjoins “Equivalent Benefits” Portion of the Illinois Day and Temporary Labor Services Act

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In August 2023, Illinois Governor Pritzker signed a bill which amends the Illinois Day and Temporary Labor Services Act (Act). This new law impacts both temporary labor agencies (Agencies) and Third-Party Clients (Clients)...more

Jackson Lewis P.C.

Seventh Circuit Orders Pension Fund to Return Withdrawal Liability to Employer

Jackson Lewis P.C. on

An employer can contest a withdrawal liability assessment and ultimately prevail. That is the moral of Bulk Transport Corp. v. Teamsters Union No. 142 Pension Fund, No. 23-1563 (7th Cir. Mar. 22, 2024). Withdrawal...more

Hinshaw & Culbertson - Employment Law...

Federal Court Blocks Illinois Equal Pay Amendment: What Employers and Staffing Agencies Need to Know

A federal court in Chicago recently granted a preliminary injunction enjoining the Illinois Department of Labor from enforcing one of several amendments made in August 2023 to the Illinois Day Labor and Temporary Labor...more

Alston & Bird

Class Action & MDL Roundup 2023 Q4 - Not All Cases Survive and Advance

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Welcome to the Class Action & MDL Roundup, our quarterly review of decisions and settlements in the class action arena. In this edition, student-athletes win an NIL round, Canadians in California isn’t personal...more

Smith Gambrell Russell

“Equivalent Benefits” Requirements for Illinois Staffing Employees Temporarily Enjoined

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The U.S. District Court for the Northern District of Illinois (the “District Court”) recently entered a temporary injunction halting enforcement of certain benefits-related provisions under the Illinois Day and Temporary...more

Jackson Lewis P.C.

Illinois Day and Temporary Labor Services Act Equivalent-Benefits Provision Enjoined

Jackson Lewis P.C. on

A federal judge has granted a preliminary injunction prohibiting the Illinois Department of Labor (IDOL) from enforcing the equivalent-benefits provision of the Illinois Day and Temporary Labor Services Act (IDTLSA). Staffing...more

Littler

Preliminary Injunction Against Illinois Equivalent Benefits Law for Temporary Workers

Littler on

In November 2023, soon after Illinois Governor JB Pritzker signed amendments to the Illinois Day and Temporary Labor Services Act (the “Act”), several staffing agencies and associations sued for an injunction against...more

Faegre Drinker Biddle & Reath LLP

Illinois Federal Court Temporarily Enjoins Key Amendment to the Illinois Day and Temporary Labor Services Act

In August 2023, Illinois Governor Pritzker signed sweeping amendments to the Illinois Day and Temporary Labor Services Act (DTLSA) that imposed new obligations on both the day and temporary labor service agencies employing...more

Gould + Ratner LLP

Judge Enjoins “Equivalent Benefits” Amendment to Illinois Temporary Staffing Agency Law

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On March 11, 2024, Judge Thomas M. Durkin of the U.S. District Court for the Northern District of Illinois granted plaintiffs’ motion for a preliminary injunction prohibiting the Illinois Department of Labor (DOL) from...more

Amundsen Davis LLC

Federal Court Blocks Key Portion of the IL Day & Temporary Labor Services Act

Amundsen Davis LLC on

In a case Employment book with gavelfiled in the Northern District of Illinois (Staffing Services Association of IL, et. al. vs. Jane Flanagan, Director of the IL Department of Labor), a federal district court granted...more

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Groom Law Group, Chartered

Possible Impact of New DOL Employee Classification Rule on Employee Benefits

The DOL Wage and Hour Division recently released a new rule changing how workers are classified under the Fair Labor Standards Act (“FLSA”) (“Final Rule”). The Final Rule replaces DOL’s 2021 final regulation and provides a...more

Morrison & Foerster LLP - Left Coast Appeals

This Week At The Ninth: Common Issues and ERISA Assignment

This week, the Ninth Circuit considers when common issues predominate in wage-and-hour litigation and analyzes the assignment of the right to sue for nonpayment of benefits under ERISA. MILES v. KIRKLAND'S STORES, INC....more

Alston & Bird

Class Action & MDL Roundup 2023 Q3 - Catching the Class Action Waive(r)

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Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the third quarter of 2023. In this edition, a mistake is just a mistake, “99.99%” isn’t 100% clear, and faxes aren’t always...more

Carlton Fields

Expect Focus - Volume III, September 2023

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Regulators Hit Jackpot: Off-Channel Communications - Several years before announcing the first “off-channel” communications enforcement action, the SEC and FINRA cautioned broker-dealers and investment advisers about...more

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