The U.S. Supreme Court term that ended June 2018 included decisions on many topics important to workplace law, including class action waivers in employment arbitration agreements, public-sector “agency shop” arrangements, and...more
6/29/2018
/ Anti-Discrimination Policies ,
Class Action ,
Class Action Arbitration Waivers ,
CNH Industrial N.V. v Reese ,
Collective Bargaining Agreements (CBA) ,
Digital Realty Trust Inc v Somers ,
Dodd-Frank ,
Epic Systems Corp v Lewis ,
Fair Labor Standards Act (FLSA) ,
Janus v AFSCME ,
Masterpiece Cakeshop Ltd v Colorado Civil Rights Commission ,
Murphy v National Collegiate Athletic Association ,
Navarro v Encino Motorcars ,
NLRA ,
Over-Time ,
PASPA ,
Reversal ,
Same-Sex Marriage ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Sports Betting ,
Travel Ban ,
Trump v Hawaii ,
Union Dues
The expansion of the multiemployer pension plan successor withdrawal liability doctrine continues for asset purchasers. Establishing a constructive notice standard, the federal appellate court in San Francisco has ruled that...more
In a decision that could have far-reaching implications for multiemployer pension plans and employers, a federal district court has held that the use of the “Segal Blend” to calculate a company’s withdrawal liability when it...more
The district court erred in finding a multiemployer pension plan did not show sufficient continuity of business operations to support imposing successor liability on an asset purchaser, the federal appeals court in Chicago...more
Collective bargaining agreements, including those that establish ERISA plans, should be interpreted according to ordinary principles of contract law, the U.S. Supreme Court has reaffirmed in a per curiam opinion. CNH...more
3/6/2018
/ CBAs ,
CNH Industrial N.V. v Reese ,
Collective Bargaining ,
Contract Interpretation ,
Employee Benefits ,
Former Employee ,
Health Insurance ,
M&G Polymers v Tackett ,
Retirement ,
SCOTUS ,
Vested Benefits
Under the Employee Retirement Income Security Act (“ERISA”), as amended by the Multiemployer Pension Plan Amendments Act (“MPPAA”), an employer that has assumed an obligation to contribute to collectively-bargained and...more
A Michigan appellate court denied an attempt by an employee to receive a severance jackpot based on a drafting mistake made by his former employer. Notwithstanding the employee’s entitlement, based on the terms of his...more
The precarious financial status of some multiemployer benefit funds has led to criminal indictment against non-contributors. This troubling expansion of potential sanctions for failure to make required contributions to...more
Employers who cease contributing to an ERISA multiemployer pension plan are liable for their allocable share of any underfunding, or “withdrawal liability.”...more
In a case of first impression, the United States Circuit Court of Appeals for the Tenth Circuit held that work performed by a non-union company acquired after a construction industry employer ceased contributing to a...more