News & Analysis as of

Department of Labor (DOL) Petition for Writ of Certiorari

Hall Benefits Law

United Behavioral Health Files Cert Petition Over Mental Health Coverage Loss

Hall Benefits Law on

United Behavioral Health (UBH) and the Alcatel-Lucent Medical Expense Plan, an employee health plan now owned by Nokia, have filed a petition for a writ of certiorari before the U.S. Supreme Court. They are seeking to...more

McAfee & Taft

SCOTUS to decide if employee paid a day rate of $963 and making $200,000 a year is entitled to overtime

McAfee & Taft on

Those familiar with the oil and gas industry know that workers are often paid a day rate. For some workers, those day rates can be lucrative. One such worker was Michael Hewitt, a tool pusher for Helix Energy Solutions Group....more

Laner Muchin, Ltd.

DOL Announces that Large Employers Must Comply with OSHA Vaccine ETS by January 10, 2022

Laner Muchin, Ltd. on

Late on Friday, December 17, 2021, a three-judge panel of the Sixth Circuit Court of Appeals ruled 2-1 to lift the stay imposed by the Fifth Circuit Court of Appeals on November 6, 2021 on the OSHA COVID-19 Vaccination and...more

Sheppard Mullin Richter & Hampton LLP

Cross-Plan Offsetting in the Balance: UnitedHealth Group, Inc. Petitions the Supreme Court to Allow Cross-Plan Offsetting;...

In its decision, the Court concluded that UnitedHealth Group, Inc. (“United”) was not authorized to engage in “cross-plan offsetting.” What is cross-plan offsetting? It is a “self-help” practice that third party...more

PilieroMazza PLLC

Weekly Update Newsletter - July 2019 #2

PilieroMazza PLLC on

GOVERNMENT CONTRACTS LAW - Long-Awaited Proposed Rule for Lower-Tier Subcontracting Plan Credit Finally Arrives to the FAR, June 28, 2019. The FAR Council is beginning to catch up with the SBA’s allowance that prime...more

Eversheds Sutherland (US) LLP

The Supreme Court lets stand a holding that parties under DOL investigation can expressly waive time limits on ERISA claims

As the 2017-2018 term of the US Supreme Court came to a close, a key tool relied on by the Department of Labor (DOL) in enforcement cases under the Employee Retirement Income Security Act of 1974, as amended (ERISA) was...more

PilieroMazza PLLC

Weekly Update Newsletter - October 2017 #2

PilieroMazza PLLC on

GOVERNMENT CONTRACTS - “Conferees Will Determine Fate of Defense Bill Provision to Deter Frivolous Contractor Bid Protest” Government Executive, October 13, 2017. Retrieved from govexec.com Senators, as they have in...more

Benesch

DOJ Now Supports Enforcement of Employment Arbitration Clause

Benesch on

The U.S. Justice Department has abruptly reversed course in a U.S. Supreme Court case concerning an employment agreement that restricts employees from participating in class and collective lawsuits, arguing that a mandatory...more

McDermott Will & Emery

Supreme Court to Hear Church Plan Litigation

McDermott Will & Emery on

On December 2, 2016, the Supreme Court of the United States granted the petitions for writs of certiorari to Advocate Health Care, et al. v. Stapleton, Maria, et al., St. Peter’s Healthcare, et al. v. Kaplan, Laurence and...more

Littler

Supreme Court Declines Review of D.C. Circuit’s Decision Upholding DOL Home Care Rule as Regulatory and Litigation Focus on Home...

Littler on

On June 27, 2016, the U.S. Supreme Court denied the plaintiffs’ petition for a writ of certiorari in Home Care Association of America v. Weil, leaving the U.S. Department of Labor’s (“DOL”) Home Care Rule intact. The Home...more

Miles & Stockbridge P.C.

Supreme Court Declines to Review Second Circuit Decision Requiring Court Approval of FLSA Settlements

On January 11, 2016, the U.S. Supreme Court denied a petition for writ of certiorari in Cheeks v. Freeport Pancake House, Inc., et al., declining to address whether the parties in a non-collective lawsuit brought under the...more

Seyfarth Shaw LLP

Meowing Dogs and Barking Cats: Supreme Court’s Grant of Cert on Exempt Status of Automobile Service Advisors May Result in...

Seyfarth Shaw LLP on

The U.S. Supreme Court recently agreed to resolve the question of whether “service advisors” at car dealerships—workers whose primary job responsibilities involve identifying service needs and selling service solutions to the...more

Seyfarth Shaw LLP

DOL’s New Companionship Exemption to Take Effect on October 13

Seyfarth Shaw LLP on

As we previously reported, this past August, the D.C. Circuit Court of Appeals upheld the Department of Labor’s Final Rule imposing sweeping changes to the former companionship exemption under the Fair Labor Standards Act. ...more

Proskauer - Law and the Workplace

Supreme Court Denies Stay of DOL’s Home Care Rule

On December 22, 2014, in Home Care Association of America v. Weil, the U.S. District Court for the District of Columbia vacated a key portion of a U.S. Department of Labor (“DOL”) regulation amending the minimum wage and...more

Littler

October 13 Effective Date of the Home Care Rule Stands—For Now

Littler on

On August 21, 2015, the U.S. Court of Appeals for the District of Columbia Circuit upheld the Department of Labor's Home Care Rule. Based on that decision, the effective date of the Home Care Rule is October 13, 2015....more

Proskauer - Employee Benefits & Executive...

SCOTUS Invites Solicitor General to Submit Its View on ERISA Venue Selection Provisions

We previously reported that a split Sixth Circuit panel enforced a venue selection clause in an ERISA plan. In so ruling, the Court rejected the U.S. Department of Labor’s attempt to regulate by amicus brief and reasoned...more

Holland & Knight LLP

U.S. Supreme Court May Require Notice-and-Comment On More Agency Actions

Holland & Knight LLP on

On December 1, 2014, the Supreme Court heard oral argument in Perez v. Mortgage Bankers Association and Nickols v. Mortgage Bankers Association to address whether a federal agency must engage in notice-and-comment rulemaking...more

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