Employment Law Updates

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US Airways, Inc. v. McCutchen: Third Circuit Limits ERISA Fiduciary Relief; Allows Equitable Reformation

By Jeremy J. Gray of Zuber & Taillieu

In a split with other circuits, the Third Circuit recently limited relief available to benefit plan administrators under ERISA. In US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. 2011), the Third Circuit held that the “appropriate equitable relief” available under ERISA § 502(a)(3) to plan administrators can be… More...

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New House Bill Enhances Whistleblower Protection Provisions for Federal Government Workers

Whistleblower Protection Enhancement Act  |  H.R. 3289  |  11/2/2011

House Oversight and Government Reform Committee Chairman Darrell Issa (R-CA) has introduced the Whistleblower Protection Enhancement Act (H.R. 3289). More...

House Oversight Committee Approves Reducing the Size of the Federal Government Through Attrition Act

Reducing the Size of the Federal Government Through Attrition Act  |  S.1611 and H.R. 3029  |  11/3/2011

By a vote of 23-14, the House Oversight Committee has passed the Reducing the Size of the Federal Government Through Attrition Act of 2011. More...

American Job Creation and Investment Act Allows Employers to Use AMT Credits for Capital Investments for 2011 and 2012

American Job Creation and investment Act  |  H.R. 3123  |  10/7/2011

U.S. Congressmen Pat Tiberi (R-OH) and John Larson (D-CT) have introduced the American Job Creation and investment Act, H.R. 3123, a bill that they said would enable businesses to access capital, invest in new facilities and equipment and create American jobs. More...

Automatic IRA Act of 2011 Hopes to Dramatically Increase Retirement Savings

Automatic IRA Act of 2011  |  S. 1557  |  9/15/2011

U.S. Senator Jeff Bingaman has introduced the Automatic IRA Act of 2011, which he said takes a common-sense approach to addressing the nation's retirement savings crisis. More...

House Passes Legislation That Is an Offshoot of Labor Agency’s Case against Boeing

Protecting Jobs From Government Interference Act  |  H.R. 2587  |  9/15/2011

The Republican-dominated House of Representatives has passed the Protecting Jobs From Government Interference Act, H.R. 2587, a bill that is described by its sponsor Rep. Tim Scott, R-S.C., “as the first strike in House Republicans’ efforts to roll back burdensome government regulations.” More...

Plan to Save Social Security Pushed in the Senate

Defend & Save Social Security Act  |  S. ___  |  6/16/2011

U.S. Senator Kay Bailey Hutchison (R-Texas) has unveiled the Defend & Save Social Security Act to save Social Security and prevent it from going into bankruptcy, without raising taxes or cutting core benefits. More...

Senate Bipartisan Bill Seeks to Encourage Retirement Savings through Employee-Owned Companies

The Promotion and Expansion of Private Employee Ownership Act of 2011  |  S. 1512, H.R. 1244  |  9/7/2011

U.S. Senator Ben Cardin (D-MD), along with fellow Finance Committee members Senator Pat Roberts (R-KS) and Senator Olympia Snowe (R-ME), have introduced legislation to encourage retirement savings by fostering the growth of S-corporations that are owned by Employee Stock Ownership Plans (“S-ESOPs”). More...

House Passes Bill to Address Nurse Labor Shortage

H-1C Temporary Visa Program  |  H.R. 1933  |  8/1/2011

The House of Representatives has approved a bill (H.R. 1933) sponsored by House Judiciary Committee Chairman Lamar Smith (R-Texas) to help hospitals in inner-city neighborhoods and rural areas that have difficulty attracting nurses. More...

House Committee Approves Protecting Jobs From Government Interference Act

Protecting Jobs From Government Interference Act  |  H.R. 2587  |  7/21/2011

The House Committee on Education and the Workforce has approved the Protecting Jobs From Government Interference Act (H.R. 2587), legislation to prohibit the National Labor Relations Board from ordering any employer to relocate, shut down, or transfer a business under any circumstance. More...

Passage of Bill Aimed at Eliminating Exploitation of Victims for Sexual Servitude or Labor in Massachusetts Pushed

An Act Relative to the Commercial Exploitation of People  |  No.____  |  5/18/2011

Seeking to eradicate the exploitation of victims for sexual servitude and labor in Massachusetts, Attorney General Martha Coakley has advocated for passage of human trafficking legislation before the Joint Committee on the Judiciary. More...

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Companies Mentioned

Employment Law

The following companies are mentioned in Employment Law Updates:

Equal Employment Opportunity Commission

Ontario Police Department

City of Ontario

Arch Wireless Operating Company, Inc.

B & D Contracting

Metropolitan Government of Nashville and Davidson County, Tennessee

Watkins Motor Lines, Inc.

Agere Systems, Inc. f.k.a. Lucent Technologies, Inc.

Tulsa Winch, Inc.

Ramsey Winch, Inc.

Norris

DP Manufacturing, Inc.

Auto Crane Company

Northeastern Land Services, Ltd. d.b.a. NLS Group

Pacific Bell Telephone Co.

LA Weight Loss, Inc. n.k.a. Pure Weight Loss, Inc.

Pacific Bell Information Services

Gold’n Plump Poultry, Inc.

Advanced Solutions, Inc.

The Work Connection

Cardone Industries, Inc.

Pitt-Ohio Express, Inc.

Hosanna-Tabor Evangelical Lutheran Church and School

BVP, LLC d.b.a. Big Vanilla Pasadena

Lehigh Valley Physicians Business Services, Inc.

N.F.A.C., Inc. d.b.a. Big Vanilla Athletic Club

Lehigh Valley Health Services, Inc.

J.C. Penney Corp.

Huron Valley Ambulance, Inc.

Wal-Mart Stores, Inc.

American Insurance Co.

Murphy Ford Inc. d.b.a. Murphy Ford Lincoln Mercury Murphy Ford Inc.

City of Chicago

United Airlines, Inc.

Reliance Standard Life Insurance Co.

Equal Employment Opportunity

New Process Steel L.P.

The Star Tribune Company

National Labor Relations Board

Scolari's Warehouse Markets, Inc. d.b.a. Scolari's Food and Drug

Rent-A-Center West, Inc.

EGL, Inc.

Eagle Freight Systems, Inc.

Industrial Division of the Communications Workers of America

Visteon Corp.

ConocoPhillips

Google, Inc.

U.S. Airways, Inc.

AT&T Corp.

Rosen Louik & Perry, P.C.