Benefits

  • September 23, 2024

    House Panel Subpoenas DOL For Independent Contractor Info

    The chairwoman of the U.S. House Committee on Education and the Workforce served the U.S. Department of Labor with a subpoena Monday, pointing to the department's several failures to respond to questions about its independent contractor misclassification probes.

  • September 23, 2024

    Aetna ER Payment Suit Remanded To Ohio State Court

    An Ohio federal judge remanded a suit accusing multiple Aetna health insurance entities of underpaying healthcare workers for emergency services they provide to its insureds to state court, stating that to resolve the claims in his own court "would disrupt the state-federal balance of judicial responsibilities."

  • September 20, 2024

    Judge Doubts Amazon Targeted Workers On Military Leave

    A Washington federal judge pressed an ex-Amazon employee on Friday to back up allegations that she was fired for taking military leave, saying the termination appeared to be an administrative "oops" on the company's part that it has since corrected by offering reinstatement and back pay.

  • September 20, 2024

    Del. Justices Uphold Toss Of AmerisourceBergen Syringe Suit

    Delaware's Supreme Court upheld with little comment Friday a lower court dismissal of a nearly 5-year-old shareholder derivative suit accusing AmerisourceBergen Corp. directors of failing to investigate and stop illegal repackaging of cancer drugs.

  • September 20, 2024

    BofA, Consumers Ink Deal To End COVID Card Fraud Claims

    Bank of America informed a New Jersey court on Friday it has reached a settlement in principle with three consumers who launched a proposed class action over the bank's allegedly insufficient security measures affecting prepaid debit cards for unemployment benefits during the height of the COVID-19 pandemic.

  • September 20, 2024

    Conn. Court Axes Estate's Benefit Bid For Deceased Fire Chief

    The estate of Waterbury, Connecticut's union-represented fire chief cannot collect any remaining workers' compensation benefits owed to him after his 1993 heart attack, a state appeals court ruled Friday, saying that under a city law, the chief's pension had adequately compensated him.

  • September 20, 2024

    3 Atty Takeaways On Mental Health Parity Final Rules

    Federal agencies' recently finalized rules for how employer health plans must analyze their coverage of mental health and substance use disorder treatments imposes significant new reporting and disclosure requirements, although regulators backed off more sweeping proposed network design changes. Here are attorneys' three key takeaways from the final mental health parity rules — what made it in, what's out and what to watch for next.

  • September 20, 2024

    LA Sees Retired Police Lt.'s Military Leave Suit Trimmed

    A California federal judge threw out several claims in a retired police lieutenant's lawsuit alleging the city of Los Angeles denied sick time and promotions to police officers who took military leave, although the parties have taken issue with the scope of the judge's order.

  • September 20, 2024

    Former Wilson Elser Attorney Drops 9th Circ. Benefits Appeal

    The Ninth Circuit has agreed to dismiss a federal benefits lawsuit from a former Wilson Elser Moskowitz Edelman & Dicker LLP partner who claimed he was owed long-term disability benefits tied to chronic fatigue, after the parties held a lengthy mediation of the dispute.

  • September 20, 2024

    FTC Accuses Drug Middlemen Of Raising Insulin Prices

    The Federal Trade Commission on Friday accused the three largest pharmacy benefits managers, Caremark Rx, Express Scripts and OptumRx, of artificially inflating insulin prices by relying on unfair rebate schemes that hurt competition.

  • September 19, 2024

    Transit Union, Worker Reach $350K Deal To End OT Claim

    A Maryland federal court approved a $350,000 settlement between an Amalgamated Transit Union affiliate and a former union employee, resolving the worker's overtime claim under the Fair Labor Standards Act.

  • September 19, 2024

    Thermo Fisher Beats Worker's 401(k) Forfeiture Suit, For Now

    A California federal judge tossed a former Thermo Fisher worker's suit claiming it used abandoned cash in its retirement plan for its own benefit instead of cutting down administrative costs, finding Thursday the company didn't shirk any responsibilities under federal benefits law.

  • September 19, 2024

    Apple's $490M Deal Over China Sales OK'ed, Attys Get $110M

    A California federal judge approved Apple Inc.'s $490 million securities fraud settlement under which class counsel will receive $110.45 million in fees and costs plus interest, resolving years-old litigation alleging Apple and its top brass misled investors about iPhone sales in China.

  • September 19, 2024

    6th Circ. Upholds NLRB's Severance Order Against Hospital

    The Sixth Circuit on Thursday affirmed a National Labor Relations Board decision that found a Michigan hospital violated federal labor law through its offer of severance agreements, but didn't weigh in on whether the board's precedent shift on pacts that include nondisparagement clauses should stand.

  • September 19, 2024

    Senate Panel Holds Steward CEO In Contempt After No-Show

    A U.S. Senate committee voted unanimously Thursday to hold Steward Health Care CEO Ralph de la Torre in civil and criminal contempt after he defied a subpoena to testify about the bankrupt health system's downfall.

  • September 19, 2024

    Hormel Foods Can't Beat Retirement Fund Management Suit

    Hormel Foods Corp. can't avoid a proposed class action claiming it failed to remove high-cost investment options with poor return rates from its $1.2 billion retirement plans, with a Minnesota federal judge ruling the worker leading the suit identified suitably comparable funds that performed better.

  • September 19, 2024

    Amazon, Bezos Deny Blue Origin Deal Challenges In Del.

    An Amazon.com stockholder suit seeking damages from the e-commerce giant for purportedly conflicted dealing with company founder Jeff Bezos' Blue Origin space launch business can't get off the ground in Delaware's Court of Chancery, attorneys for the Amazon parties argued in a new brief filed late Wednesday.

  • September 19, 2024

    Cozen O'Connor Benefits Pro Joins McCarter & English

    McCarter & English LLP has expanded its Philadelphia office this week with the addition of a former Cozen O'Connor attorney who moved his employee benefit-focused practice after more than five years.

  • September 19, 2024

    Halted DOL Fiduciary Regs Could Open Lane For SEC Action

    The U.S. Securities and Exchange Commission might need to help clear up confusion about fiduciary investment advice standards in the wake of two Texas judges halting new retirement security regulations from the Labor Department, members of an SEC investor advisory committee said Thursday.

  • September 18, 2024

    DuPont Heirs Beat ERISA Suit Over 1947 Trust At 3rd Circ.

    The Third Circuit reversed a decision Wednesday and found DuPont heirs aren't liable for Employee Retirement Income Security Act violations in a dispute over who's to blame for underfunding a now-insolvent trust that was created by their grandmother in 1947 and paid the heirs and their workers retirement benefits.

  • September 18, 2024

    $24.5M Fee Sought In Del. For $125M Discovery Suit Deal

    Class attorneys who secured a proposed $125 million settlement in a Delaware Court of Chancery suit filed by former Discovery Inc. stockholders challenging the company's $43 billion merger with AT&T in April 2022 proposed a $24.5 million fee for their efforts Wednesday.

  • September 18, 2024

    Meta Ditches Investor Suit Over Apple Ad Changes For Good

    A California federal judge on Tuesday tossed an investor suit against Meta alleging the tech giant hid the financial impact of Apple's privacy changes on its business, finding the suit's allegations weren't detailed enough to avoid dismissal.

  • September 18, 2024

    Ex-Employees Can Bring ADA Benefits Suits, High Court Told

    A retired Florida firefighter called on the U.S. Supreme Court to find that former employees can bring claims under the Americans with Disabilities Act pertaining to post-employment benefits, challenging an Eleventh Circuit ruling that determined only current employees can file these disability bias suits.

  • September 18, 2024

    UnitedHealth Settles 401(k) Fight Over Wells Fargo Funds

    UnitedHealth has agreed to settle a class action from workers alleging the company mismanaged an employee 401(k) plan by loading it with lower-performing investment options to preserve a business relationship with Wells Fargo, according to documents filed Wednesday in Minnesota federal court.

  • September 18, 2024

    Thermo Fisher Late To Pay Departing Workers, Engineer Says

    Thermo Fisher Scientific Inc. and a subsidiary failed to promptly pay all final wages and unused vacation time to departing employees and must now cough up three times the amount of that compensation because of its violation of Massachusetts law, according to a proposed class action filed in state court.

Expert Analysis

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • NY, Del. May Be Trending Against Noncompete Enforceability

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    While neither New York nor Delaware has statutory restrictions on noncompete provisions, recent legislative actions and judicial decisions indicate a trend against enforcement of restrictive covenants in both equity award and employment agreements, says Irene Bassock at Cohen Buckmann.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2023

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2023, and explain how they may affect issues related to antitrust, constitutional law, federal jurisdiction and more.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Opinion

    CFPB Must Clarify When Anti-Fraud Benefits Offset Harms

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    The Consumer Financial Protection Bureau's ill-explained orders against two banks, concerning legitimate unemployment accounts that were frozen in attempts to control COVID-era fraud, illustrate an urgent need for bureau guidance on when the systemwide benefits of a potentially unfair practice outweigh the risk of harming a minority of consumers, says Jonathan Joshua at Joshua Law Firm.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • How To Win More Money For Terminated Executives

    Excerpt from Practical Guidance
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    Terminated executives are often rattled into accepting too little money and too many restrictive covenants, but by converting the company’s hidden anxieties into leverage and using proven bargaining-table talking points to reframe the employer’s risks, outgoing executives can negotiate significantly better severance packages, says Stephen Zweig at FordHarrison.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Arbitration Is Still On The Table To Fight ERISA Class Actions

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    Despite the U.S. Supreme Court recently denying certiorari in two cases that would have brought clarity to the arbitrability of ERISA claims, it is likely that the issue will remain hotly contested for some time, but lower court decisions provide tools for plan sponsors to curtail their ERISA exposure, say attorneys at Sullivan & Cromwell.

  • Exploring Menopause Benefits: A Guide For Employers

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    With 64% of women surveyed in 2023 wanting employer-sponsored menopause benefits, companies that wish to recruit and retain female employees should consider updating both their healthcare plans and corporate culture to help these often-marginalized workers feel and perform their best, say Diane Dygert and Maria Rossi at Seyfarth.

  • ERISA Litigation Faces New Frontiers In 2024

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    As plaintiffs firms explore novel theories for recovery and the Department of Labor attempts to broaden the definition of an investment advice fiduciary, 2024 could see new types of Employee Retirement Income Security Act litigation after just 100 class actions were filed last year, say attorneys at Groom Law.

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