By Ross Runkel, Professor of Law Emeritus, arbitrator, and editor at LawMemo - World's Best.
Copyright (c) 2006, Ross Runkel
What are the fiduciary duties when an ERISA plan sponsor terminates the plan? The ERISA statute, as interpreted by the Pension Benefit Guaranty Corporation, does not permit merger as a method of termination because merger is an alternative to (rather than an example of) plan termination.
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Read ERISA sponsor wins fiduciary argument (Links)
Home care workers don't get overtime or minimum wage coverage under the Fair Labor Standards Act (FLSA) due to an old regulation put out by the federal Department of Labor. Today the US Supreme Court upheld the validity of that regulation. This is the rule established by Chevron USA Inc. v.
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Read Home care workers lose FLSA case (Links)
Prior to this decision, the remedy for an unlawful discharge or refusal to hire included the employer?s payment of backpay to the employee for the period from the unlawful act until the employer made a valid offer of reinstatement (or instatement, in the case of an unlawful refusal to hire).
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Read NLRB: Calculating backpay for salters (Links)
Can an EEOC intake questionnaire be treated as a formal "charge"? In order to file a suit under the Age Discrimination in Employment Act (ADEA), a plaintiff must first file a "charge" with the Equal Employment Opportunity Commission (EEOC).
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Read EEOC intake questionnaire at the Supreme Court (Links)
In the 7th Circuit, the ADA does not require an employer to reassign a qualified disabled employee to a job for which there is a more qualified applicant, when the employer has a policy to hire the most qualified applicant.
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Read ADA: Qualifications trumps reassignment right (Links)
He argues that today's decision in Ledbetter v. Paul is quite correct when he says that the main question is: "Is pay discrimination a discrete act like a termination or failure to promote or is it more like a cumulative series of individual events like hostile work environment sexual harassment?"
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Read Some Reflections on the Ledbetter Decision (Links)
Title VII's statute of limitations begins when a discriminatory pay decision was made and communicated to the employee, and does not start over with each later paycheck. Her periodic paychecks were based on annual salary reviews, which she claimed were made with discriminatory intent.
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Read Ledbetter loses pay discrimination case (Links)
As I expected, the Supreme Court dismissed the "appeal" in Office of Senator Mark Dayton v. Hanson sued his ex-employer - the Office of Senator Mark Dayton. The Office of Senator Mark Dayton filed an appeal to the US Supreme Court.
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Read Dayton v. Hanson - appeal dismissed (Links)
A labor organization does not use agency shop fees when it uses its general treasury funds to make such contributions or expenditures if it has sufficient revenues from sources other than agency shop fees in its general treasury to fund such contributions or expenditures.
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Read Davenport v WEA developments (Links)
There was a triable issue on Faust's CFRA claims because the employer did not post notice or give notice to Faust of his CFRA rights, Faust provided notice of his need for CFRA leave, and Faust's chiropractor's report stated the reason for CFRA leave.
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Read Multiple medical leave claims (Links)
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