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Searching Content indexed under Employment and HR by Goodwin Procter LLP ordered by Published Date Descending.
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1
DOL Provides Flexibility On Timing Of Disclosures For Participant-Directed Plans
The Department of Labor recently issued Field Assistance Bulletin 2013-02A under the Employee Retirement Income Security Act of 1974.
United States
7 Aug 2013
2
DOL Advisory Opinion Clarifies That Revenue Sharing Payments Are Not Plan Assets
The Department of Labor issued Advisory Opinion 2013-03A under the Employee Retirement Income Security Act of 1974.
United States
7 Aug 2013
3
Fourth Circuit Follows Cigna v. Amara Dictum Expanding The Scope Of Relief Under ERISA’s Catch-All Provision
A year after the Supreme Court decided CIGNA Corp. v. Amara, courts continue to weigh the impact of that decision, particularly the scope of the available remedies against breaching fiduciaries under ERISA’s "catch-all" provision, Section 502(a)(3), which authorizes "other appropriate equitable relief."
United States
22 Oct 2012
4
District Court Certifies Class In Excessive Fee Case Against Insurer
On September 26, 2012, Judge Hall of the U.S. District Court for the District of Connecticut certified a class in an ERISA case alleging breach of fiduciary duty and prohibited transactions against an insurance company in connection with revenue sharing practices under group annuity contracts issued to administrators of defined contribution retirement plans.
United States
22 Oct 2012
5
Sixth Circuit Affirms Dismissal Of Challenge To Investment In Qualified Default Investment Alternative (QDIA)
The U.S. Court of Appeals for the Sixth Circuit affirmed a district court decision dismissing claims brought by a participant in a defined contribution plan against his employer for losses incurred when his plan account was transferred from a stable value fund to a life cycle fund that qualified as a QDIA.
United States
22 Oct 2012
6
Amendment To NY Labor Law Expands Permissible Payroll Deductions And Provides For Recovery Of Wage Overpayments
On September 7, New York Governor Andrew Cuomo signed legislation to amend Section 193 of the New York Labor Law ("NYLL"), offering significant relief to New York employers from the notoriously restrictive provision that had existed concerning deductions from wages.
United States
21 Sep 2012
7
New Disclosure Obligations For Sponsors Of ERISA Plans And Service Providers With ERISA Clients
Significant attention continues to be focused on the compensation paid to entities that provide investment management, recordkeeping and other services to plans.
United States
9 Jul 2012
8
District Court Dismisses Claims Of Alleged Imprudence Of Securities Lending Investments
On April 20, 2012, Judge Barbara Jones of the U.S. District Court for the Southern District of New York dismissed a putative class action.
United States
8 Jul 2012
9
Eleventh Circuit Affirms Dismissal Of Stock Drop Suit
In "Lanfear v. Home Depot, Inc.", Case No. 10-13002 (11th Cir. May 8, 2012), the U.S. Court of Appeals for the Eleventh Circuit adopted the presumption of prudence.
United States
8 Jul 2012
10
Sixth Circuit Dismisses Stock Drop Claim For Failure To Allege "Actual Injury"
The U.S. Court of Appeals for the Sixth Circuit recently rejected a breach of fiduciary duty claim.
United States
8 Jul 2012
11
Sixth Circuit Holds That ERISA Preempts State Law Claims Against Nonfiduciary Plan Custodian
In "McLemore v. Regions Bank", No. 10-5480 (6th Cir. June 8, 2012), a divided panel of the U.S. Court of Appeals for the Sixth Circuit ruled that ERISA preempted state law.
United States
8 Jul 2012
12
NLRB Report Provides Guidelines For Social Media Policies
The National Labor Relations Board has been at the forefront of debates concerning restrictions on employers’ use of social media since 2010, when it issued a highly publicized complaint against American Medical Response of Connecticut based on AMR’s discharge of an employee for posting disparaging comments about a supervisor on her Facebook page from her home computer.
United States
15 Jun 2012
13
New Laws May Restrict Employers From Requesting Social Media Account Log-Ins
Maryland expressly prohibit an employer from requesting or requiring that an employee or job applicant disclose personal social media account log-in information.
United States
8 Jun 2012
14
EEOC Issues Enforcement Guidance On Consideration Of Criminal Records In Employment Decisions Under Title VII
By a 4-1 vote of its commissioners, the U.S. Equal Employment Opportunity Commission (the "EEOC") recently issued its "Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment Decisions under Title VII of the Civil Rights Act of 1964" (the "Guidance").
United States
 
25 May 2012
16
Federal Appeals Court Temporarily Blocks New NLRB Posting Requirement
Just two weeks before the planned April 30, 2012 effective date, a federal appeals court has temporarily blocked the National Labor Relations Board’s ("NLRB") controversial rule requiring employers subject to the National Labor Relations Act ("NLRA") to post notices of employee rights under federal labor law, including the right to join or not join a union.
United States
24 Apr 2012
17
New Massachusetts Law Will Protect Individuals from Gender Identity Discrimination
In July 2012, a new law will go into effect in Massachusetts that will prohibit discrimination in housing, education, employment and credit on the basis of "gender identity."
United States
12 Apr 2012
18
Federal District Court Holds That Investment Advice To A Plan Assets Fund May Make Advisor A Fiduciary To Plans Invested In The Fund
In a case involving losses arising from investments with Bernard Madoff, the U.S. District Court for the Southern District of New York recently held that a firm that advised an ERISA plan assets fund to invest with Madoff could, by reason of that advice, be considered an ERISA fiduciary with respect to each ERISA plan holding an interest in that fund.
United States
 
9 Apr 2012
19
Bank Securities Lending Settlement For $150 Million
The past few years have seen a number of class claims brought against banks in connection with securities lending programs (reported in the June 2009 ERISA Litigation Update).
United States
 
9 Apr 2012
20
Sixth Circuit Holds Safe Harbor Defense Does Not Apply To Selection Of Investment Funds, And Moench Presumption Does Not Apply At Pleadings Stage
The U.S. Court of Appeals for the Sixth Circuit held that the presumption of prudence for the holding of employer stock in a retirement plan (the "Moench presumption") does not apply at the pleadings stage.
United States
 
9 Apr 2012
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