News & Analysis as of September 14, 2024

Statute of Limitations › Department of Labor (DOL)

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Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -

What's Next for the Regulatory Landscape Post-Chevron?

Holland & Knight LLP on 9/3/2024

For nearly 40 years and in more than 18,000 judicial opinions, federal courts have used the Chevron doctrine to defer to an agency's reasonable interpretation of an ambiguous statute. On June 28, 2024, the U.S. Supreme Court...more

What Does the End of Chevron Deference Really Mean for Employers?

Bradley Arant Boult Cummings LLP on 7/30/2024

This month, the Supreme Court put an end to “Chevron deference,” the decades-long practice of judicial deference to federal agency interpretations of ambiguous statutory language. What does this mean for employers? Well,...more

Supreme Court Opinions Overturn Chevron and Modify the Statute of Limitations Allowed by Lower Courts

Schwabe, Williamson & Wyatt PC on 7/10/2024

On June 28, the Supreme Court handed down Loper Bright Enterprises v. Raimondo, which overturned the prior Supreme Court precedent, articulated in Chevron v. Natural Resource Defense Council, Inc. and known as “the Chevron...more

Ten Reasons Employers Should Pay More Attention to USERRA

Littler on 1/16/2024

This year, the Uniformed Services Employment and Reemployment Rights Act (USERRA) turns 30 years old. Although this law, prohibiting employers from discriminating and retaliating against employees or applicants because of...more

Virginia Is For Lovers . . . Of Overtime Litigation

Constangy, Brooks, Smith & Prophete, LLP on 7/26/2021

The Virginia Department of Labor and Industry recently released a set of Frequently Asked Questions to help clarify the Virginia Overtime Wage Act, which was signed into law by Gov. Ralph Northam (D) on March 31. The Overtime...more

Class Action Trends Report Spring 2021

Jackson Lewis P.C. on 5/13/2021

In our latest issue of the Class Action Trends Report, Jackson Lewis attorneys discuss how employers can undertake Diversity, Equity and Inclusion (DEI) initiatives without risking class action discrimination suits; wage and...more

Supreme Court’s Sulyma Decision Creates Proof of Actual Knowledge Issue for Plan Fiduciaries

Pullman & Comley - Labor, Employment and... on 11/6/2020

Since its adoption the Employee Retirement Income Securities Act of 1974, as amended (“ERISA”), has required employee benefit plan sponsors to make disclosures regarding plan terms and plan expenses. The most well-known of...more

Legal Support for Protesting Employees: ERISA Considerations

Morgan Lewis - ML Benefits on 8/27/2020

Amid the current climate of individuals engaging in protests for racial justice and other causes, some employers are looking for ways to help employees arrested in connection with exercising their first amendment rights to...more

The Franchise Memorandum - Issue 249

Lathrop GPM on 1/29/2020

Welcome to The Franchise Memorandum by Lathrop GPM, formerly known as The GPMemorandum. Since December 1997, The GPMemorandum has been presenting summaries of recent legal developments of interest to franchisors and companies...more

Top five unclaimed property trends for 2020

Eversheds Sutherland (US) LLP on 1/29/2020

Unclaimed property audits and compliance issues will continue to be a challenge for companies in a wide range of industries. States view escheat as an important source of revenue, and contingent fee auditors will do their...more

New York Employment Legislation Update: What’s New for 2020

Davis Wright Tremaine LLP on 11/22/2019

New York will see a slew of new labor laws in 2020 which may have a substantial impact on employers in the state. Businesses in New York should plan ahead and prepare to adjust their employment policies and practices...more

Third Circuit Examines FLSA ‘Willfulness’ Standard: ‘Reckless’ vs. ‘Egregious’

Fox Rothschild LLP on 9/3/2019

The issue of willfulness is very important in FLSA cases because such a finding extends the statute of limitations from two years to three. The standards utilized in making these decisions have been established but their...more

ERISA Newsletter - Second Quarter 2019

Proskauer Rose LLP on 7/16/2019

Editor's Overview - As the summer heats up, so too has the U.S. Supreme Court's docket for next term where it has already agreed to hear three ERISA cases and more may be in the works. On the docket already are ERISA...more

Oracle Granted Partial Summary Judgment in 401(k) Fees/Investment Option Case

McDermott Will & Emery on 3/26/2019

The US District Court for the District of Colorado granted partial summary judgment to 401(k) fiduciaries, holding that ERISA’s six-year statute of repose barred some claims and rejecting challenges to the plan’s fees....more

ERISA Plan Controversy: Rising Stakes for Those Unprepared

McDermott Will & Emery on 3/22/2019

WHAT’S THE EXPOSURE? • Settlements up to $140 million • Last year alone, settlements of $17 million, $22 million, $24 million, and among others • Plaintiffs’ lawyers generally get 1/3 of the settlement amounts • Plaintiffs’...more

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

Eversheds Sutherland (US) LLP on 7/19/2018

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