Author Archive
Judge OKs JPMorgan Chase’s Settlement Of Unpaid Overtime Lawsuit for $42 Million
A federal judge approved Oct. 11 a $42 million settlement between JPMorgan Chase & Co. and a class of approximately 3,800 loan processors regarding overtime pay claims under the Fair Labor Standards Act and state law (Davis v. J.P. Morgan Chase & Co., W.D.N.Y., No. 01-6492, final approval of settlement 10/11/11). Judge David Larimer of […]
Finding E-Filing Was ‘Petition for Review,’ Second Circuit Will Consider NLRB Decision
The U.S. Court of Appeals for the Second Circuit held Nov. 12 that a petition filed by an Interna- tional Brotherhood of Electrical Workers local complied with electronic filing procedures and satisfied the requirement that the National Labor Relations Board be served with a petition ‘‘stamped by the court with the date of filing’’ (Local […]
Workplace Bullying and its Legal Implications for Unions
Bullying in the workplace is not a new phenomenon. However, in recent years much attention has been paid to workplace bullying and the problems it poses for employees and employers alike. In the unionized workplace, there is, of course, another party involved: the union. This paper addresses some of the union’s rights and responsibilities with […]
Agencies Issue FAQs on Automatic Enrollment, Employer Shared Responsibility, and Waiting Periods
On February 9, 2012, the U.S. Departments of Labor, Health and Human Services, and the Treasury released a set of Frequently-Asked-Questions (“FAQs”) relating to the Patient Protection and Affordable Care Act’s (“PPACA”) requirements for automatic enrollment, employer shared responsibility, and the 90-day limitation on waiting periods for health coverage. The PPACA originally required employers with […]
Agencies Issue Interim Final Rule on Women’s Preventive Services under Health Reform
On August 1, 2011, the U.S. Departments of Labor, Health and Human Services, and Treasury issued an interim final rule under the Patient Protection and Affordable Care Act requiring non-grandfathered health plans to cover a wide range of women’s preventive services without cost-sharing (including, co-insurance, co-pays, and deductibles). Theses services include well-woman visits, contraception, breastfeeding […]
Waiver Provisions in Executive Compensation Packages Carry Heavy Ramifications: NYE v. Ingersoll Rand Co.
The advice that credit union executives should always read a document before signing remains sound, especially in light of a recent court ruling. In Nye v. Ingersoll Rand Co., the court found that executives were entitled to benefits from two different incentive plans that they had enrolled in, despite the claim that their entitlement under the […]
DOL Issues FAQ on Individual Account Plan Participant-Level Fee Disclosures
On May 7, 2012, the DOL issued Field Assistance Bulletin 2012-02 (“FAB 2012-02”), to assist plan administrators and service providers in complying with the requirements of the DOL’s final participant-level fee disclosure regulation. The guidance contains several notable clarifications, including: (1) confirmation that if a plan provides investment and plan-related information in a single document, […]
Governor Cuomo Issues Executive Order Establishing Statewide Health Benefit Exchange
On April 12, 2012, Governor Cuomo issued Executive Order No. 42, establishing a statewide Health Benefit Exchange within the New York State Department of Health. The Exchange, which will be fully operational by January 1, 2014, will initially be financed by the federal government, and will be financially self-sustaining by January 1, 2015, as required […]