Cutting worker hours to avoid ACA penalties may violate ERISA
Following a suit filed in New York federal court, employers are advised to be extremely careful about how they communicate changes to employees’ hours.
Law and legal issues
ERISA attorney cautions plan sponsors against settling cases
Lawsuits can’t be avoided, so advisers should focus on helping clients improve their processes, one expert says.
MetLife defeats U.S. government’s too-big-to-fail labeling
MetLife beat back a U.S. attempt to label it too big to fail, which would’ve put America’s biggest life insurer under tougher government scrutiny and forced it to put more money in reserves.
Benefits Think How unions lucked out at the Supreme Court
For labor unions, the death of Justice Antoin Scalia is is truly an instance of deus ex machina — a miraculous ending that doesn’t fit the rest of the play.
Noah Feldman
Harvard University
Supreme Court upholds overtime pay for Tyson workers
Benefit plan sponsors will have to be more careful about recording workers’ hours and paying appropriate compensation.
Will SCOTUS contraceptive-coverage case invite future ACA challenges?
While only a small sector of employers will be impacted by the coming decision, a ruling in favor of the petitioner could encourage future contests to the health law’s mandates, experts predict.
Will SCOTUS contraceptive-coverage case invite future ACA challenges?
While only a small sector of employers will be impacted by the coming decision, a ruling in favor of the petitioner could encourage future contests to the health law’s mandates, experts predict.
Benefits Think 5 employment law cases to pay attention to
From the Affordable Care Act to the EEOC’s retaliation guidance, the world of benefits law is always rapidly evolving, says lawyer Richard Meneghello.
Richard R. Meneghello
Fisher & Phillips
Benefits Think Top 5 recent employment and labor law stories
Justice Antonin Scalia’s death and ACA developments have created legal uncertainties that employers and their advisers should know about.
Richard R. Meneghello
Fisher & Phillips
What does SCOTUS pick mean for employers?
Merrick Brian Garland, President Obama’s nominee for Supreme Court Justice, is considered a moderate, but at least one business group is expressing concerns about his record as an appellate court judge.
Benefits Think ACA suit challenging reduction in hours allowed to proceed
In the first case of its kind, a federal court in New York City has recently given employers some potential instruction on how it views the inevitable interplay between the ERISA and the ACA.
Yesenia Garcia Perez
Foley & Lardner
Benefits Think Don’t forget that litigation hold
When it comes to producing documents in employment litigation, the deck is usually stacked in favor of the employee, except in unusual situations when an employee is squirreling away documents in an effort to build a case against the employer.
Bennett Epstein
Foley & Lardner
Benefits Think How Scalia’s death could impact employer-related cases
The Supreme Court Justice’s passing calls into question the future of some benefits-related decisions.
Richard R. Meneghello
Fisher & Phillips
Benefits Think Justice Scalia’s death leads to employer uncertainty
The passing of Supreme Court Justice Antonin Scalia throws employers into a world of uncertainty. While Supreme Court jurisprudence is often unpredictable, Justice Scalia’s death will no doubt lead to an unusual amount of turmoil for the foreseeable future.
Richard R. Meneghello
Fisher & Phillips
Benefits Think EEOC may obtain private (and arguably unnecessary) employee information
Employers served with an Equal Employment Opportunity Commission (EEOC) subpoena requesting private employee information – regardless of its arguable relevance – may nevertheless be compelled to respond.
Yonaton Aronoff
Foley & Lardner LLP