In a decision impacting safety-minded unions in New York, a New York Supreme Court Justice dismissed with prejudice a contractor’s claims against a local roofers union for “inducing” OSHA inspections which uncovered workplace safety violations. Brian J. LaClair, a partner at Blitman & King, handled the case on behalf of the local union. To learn more […]
The U.S. Court of Appeals for the Second Circuit Jan. 17 enforced a National Labor Relations Board decision that Rochester Gas & Electric Corp. vio- lated federal labor law when it refused to bargain over the effects of its policy change regarding corporate van use and failed to provide the workers’ union with re- quested […]
The provision of severance benefits may constitute an ERISA plan and therefore such arrangements may be subject to the statute's requirements. Although case law provides guidance to employers, ultimately the facts and circumstances of the particular severance arrangement will dictate ERISA’s application. While severance arrangements that provide ongoing benefits to a number of employees will very likely be treated as a plan subject to ERISA, other severance arrangements pursuant to employment or severance agreements may or may not be subject to ERISA.
The National Labor Relations Board (Board or NLRB) has applied its “clear and unmistakable” waiver standard in unilateral change cases for several decades.
Paying severance raises unique legal issues and pitfalls that employers and their advisors often fail to recognize.
On April 2, 2012, the Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2012-01, which provides guidance on the use of Apprenticeship and Training Plan assets for program graduation ceremonies and marketing. Under the guidance, the DOL will not consider a plan’s payment of expenses associated with a “modest graduation ceremony” attended by graduating […]
In one of the first 401(k) fee class action cases to be decided on the merits, the U.S. District Court for the Western District of Missouri recently ruled in Tussey v. ABB, Inc., that 401(k) plan fiduciaries breached their ERISA fiduciary duties by failing to monitor recordkeeping costs and revenue-sharing payments, selecting more expensive share […]
Jules Smith, a partner in the Labor & Employment Practice of Blitman & King, recently discussed the latest pronouncements of the National Labor Relations concerning employer applications of rules restricting employee use of Social Media, which are generally measured against the rights contained in Section 7 of the National Labor Relations Act. Section 7 provides that employees not only […]
The Patient Protection and Affordable Care Act of 2010 amended the Internal Revenue Code to require, beginning January 1, 2011, that employers report the aggregate cost of employer-provided health coverage on Forms W-2 issued to employees. This requirement was later delayed by the IRS, in Notice 2010-69, to January 1, 2012. On September 19, 2011, […]
On April 20, 2012, the Centers for Medicare & Medicaid Services (“CMS”) issued Technical Guidance CCIIO 2012-02, which contains a set of Frequently Asked Questions (“FAQs”) regarding the PPACA’s requirement that health insurance insurers issue a Medical Loss Ratio Report (“MLR”) to the Secretary of HHS and provide rebates to enrollees if at least 80% […]