News & Analysis as of February 19, 2025

Appeals

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court Debates ERISA Exemptions in Cunningham v. Cornell University

DLA Piper on 1/30/2025

The US Supreme Court heard argument on Wednesday, January 22, 2025 from Cornell University and its employees over dismissal of a class action alleging that Cornell University’s retirement plan paid unreasonable recordkeeping...more

U.S. Supreme Court Urged to Extend ADA Protections to Former Employees

Jackson Lewis P.C. on 1/27/2025

The U.S. Supreme Court heard oral arguments on Jan. 13, 2025, in Stanley v. City of Sanford (No. 23-997), which addresses whether former employees have a right to sue their former employer under the Americans with...more

McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

McDermott Will & Emery on 1/24/2024

On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US...more

Employers Should Revamp Pay Practices Following Labor Rulings

Rumberger | Kirk on 7/17/2023

New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

ERISA Preemption of State Laws Requiring Employers to Report or Disclose Benefit Plan Information to Employers

Foley & Lardner LLP on 12/16/2021

Last December, the U.S. Supreme Court unanimously held that provisions of an Arkansas law that regulated the use by pharmacy benefit managers (“PBMs”) of maximum allowable cost programs to limit retail pharmacy reimbursement...more

Web Exclusive: February 2019: The Top 15 Labor And Employment Law Stories

Fisher Phillips on 3/18/2019

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/8/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

November 2017: The Top 14 Labor And Employment Law Stories

Fisher Phillips on 12/7/2017

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes each month in 2017. November was no...more

SCOTUS Denies Cert in Regular Rate Case; Ninth Circuit Decision Requiring Overtime on “Cash-in-Lieu” of Benefits Stands

Proskauer - Law and the Workplace on 5/17/2017

Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more

Supreme Court: ERISA Fiduciaries Have Ongoing Duty to Monitor Investments - Selection of Plan Investment Alternative Is Not a...

Holland & Knight LLP on 5/27/2015

In Tibble v. Edison International, 13-550 (U.S. May 18, 2015), the U.S. Supreme Court ruled that the Employee Retirement Income Security Act of 1974 (ERISA) requires ERISA plan fiduciaries to monitor plan investments for...more

Supreme Court: 401(k) Plan Fiduciaries Have An Ongoing Duty To Monitor

Stinson - Benefits Notes Blog on 5/22/2015

In April 2013 I reported on the 9th Circuit Court of Appeals decision in Tibble v. Edison International which involved an alleged breach of fiduciary duty by the Edison 401(k) Savings Plan committee selecting six retail...more

The ERISA Litigation Newsletter - February 2014

Proskauer Rose LLP on 2/24/2014

The employee benefits issues to be considered by the U.S. Supreme Court continue to be of great significance to plan sponsors and fiduciaries. This month we review the Court's employee benefit decisions from 2013 and also...more

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