Last year, the Tenth Circuit Court of Appeals issued a controversial opinion absolving a clothing retailer from failing to hire a Muslim applicant for employment who did not tell the company that the headscarf worn at her job...more
The Supreme Court’s decision will undermine a plan fiduciary’s ability to assert a statute of limitations defense based on when an investment option was added; rather, the six year statute of limitations will be measured from...more
5/29/2015
/ 401k ,
Benefit Plan Sponsors ,
Breach of Duty ,
Duty of Prudence ,
Duty to Monitor ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
SCOTUS ,
Southern California Edison ,
Statute of Limitations ,
Tibble v Edison Int
Over the past several years, employers defending wage and other class action lawsuits have increasingly used a procedural move intended to defeat the class claim. In these cases, the employer offers complete financial and...more
Green v. Donahoe involves a Postal Service worker who alleges that he was forced to choose between retirement and a demotion and transfer to another position. The plaintiff quit several months after being given this choice,...more
5/8/2015
/ Constructive Discharge ,
Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Limitation Periods ,
Race Discrimination ,
SCOTUS ,
Termination ,
Title VII ,
USPS ,
Wrongful Termination
On Wednesday, a unanimous U.S. Supreme Court agreed that federal courts have authority to review the Equal Employment Opportunity Commission’s attempts to conciliate discrimination charges when the agency concludes that the...more
On Wednesday, the U.S. Supreme Court issued a 6-3 decision reversing the Fourth Circuit Court of Appeals’ position on employers’ obligations to accommodate employees’ pregnancy-related work restrictions. However, the court...more
Companies subject to federal agency regulations sometimes face situations where measures taken to comply with such rules work one day, and then result in violations of those rules the next. Federal administrative agencies...more
3/14/2015
/ Administrative Procedure Act ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Mortgage Brokers ,
Notice and Comment ,
Over-Time ,
Perez v Mortage Bankers Assoc ,
Rulemaking Process ,
SCOTUS ,
Statutory Interpretation ,
Wage and Hour