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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House Unanimously Passes Resolution to Help Prevent Attacks against Federal Workers

House Resolution Seeking to Prevent Attacks against Federal Workers  |  H.R. Res. 1187  |  5/12/2010

Members of the U.S. House of Representatives have unanimously passed a resolution calling for better protection for federal workers. More...

New Employment Bill Seeks to Prevent Workers from Being Misclassified as Independent Contractors

The Employee Misclassification Prevention Act  |  S. 3254, H.R. 5107  |  4/22/2010

U.S. Sen. Sherrod Brown (D-OH) has introduced legislation that would prevent workers from being misclassified as independent contractors and would provide for the protection and benefits which they have earned. More...

New Senate Bill Expands COBRA by Extending Its Benefits to Domestic Partners

Equal Access to COBRA Act  |  S. 3182  |  3/25/2010

U.S. Senator Barbara Boxer (D-CA) has introduced the Equal Access to COBRA Act, which would allow many domestic partners the same access married spouses currently have to COBRA health coverage if their partner loses a job. More...

Expressing Support for PAWA, OSHA Calls for Enhanced Penalties Against Workplace Safety Violations

Protecting America's Workers Act  |  H.R. 2067, S. 1580  |  3/16/2010

The Office of Safety and Healthy Administration (“OSHA”), through Assistant Secretary for Labor David Michaels, has called for enhanced criminal and civil penalties for workplace safety violations as he expressed the Department’s strong support for the Protecting America's Workers Act (“PAWA”). More...

California Gov. Schwarzenegger Vetoes Anti-Furlough Legislation

Senate Bill X8 29  |  SBx8 29  |  3/24/2010

California Governor Arnold Schwarzenegger has vetoed Senate Bill X8 29, a legislation that would have exempted from furloughs 80,000 workers in offices and agencies, specifically those employees of the Franchise Tax Board (“FTB”) and Board of Equalization (“BOE”) that get most of their money from sources other than the state general fund. More...

New Bill Eliminates Capital Gains Taxes to Spur Job-Creation for Small Businesses

Job Creation Act of 2010  |  H.R. 4513  |  1/25/2010

The Job Creation Act of 2010, introduced by Rep. Vern Buchanan, R-Fla., would provide job creation incentives by eliminating capital gains taxes on small businesses for one year, and excluding unemployment benefits from income tax for the year 2010. More...

H.R. 4680 Would Cut Payroll Taxes for Employers That Expand Hiring

Jobs Momentum Act of 2010  |  H.R.4680  |  2/24/2010

Rep. Brad Ellsworth introduced the Jobs Momentum Act to give assistance to employers looking to hire new workers. More...

Bill Extending Unemployment Benefits Breezes Through Senate

American Workers, State, and Business Relief Act  |  H.R. 4213, S.A. 3336  |  3/10/2010

The Senate has approved legislation that extends unemployment insurance benefits and eligibility for unemployment health care benefits through the end of 2010, including extending benefits retroactively so families will receive the benefits that were suspended when these programs expired on February 28, 2010. More...

Jobs Bill Costing $17.6B Goes to President Obama After Senate Passes It by a 68-29 Vote

Hiring Incentives to Restore Employment Act  |  H.R. 2847, S.A. 3310  |  3/17/2010

Voting 68 to 29, the Senate has passed the massive job-creation bill Hiring Incentives to Restore Employment Act, or H.R. 2847. More...

House and Senate Bills Change Corporate Bankruptcy Laws by Putting Workers, Retirees First

Protecting Employees and Retirees in Business Bankruptcies Act  |  H.R. 4677  |  2/25/2010

Assistant Senate Majority Leader Dick Durbin (D-IL) and House Judiciary Committee Chairman John Conyers (D-MI) have introduced legislation which aims to curb abuses that deprive employees and retirees of their earnings and retirement savings when businesses collapse. 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.

Ramsey Winch, Inc.

Norris

DP Manufacturing, Inc.

Auto Crane Company

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.

EGL, Inc.

Eagle Freight Systems, Inc.

Industrial Division of the Communications Workers of America

ConocoPhillips

Visteon Corp.

Google, Inc.

AT&T Corp.

U.S. Airways, Inc.

FBL Financial Group, Inc.

Rosen Louik & Perry, P.C.

International Game Tchnology

Granite Rock Company

Manhattan Apartments Inc.

International Brotherhood of Teamsters

J. Kaz, Inc.d.b.a. Craftmatic of Pittsburgh

International Brotherhood of Teamsters, Freight Construction, General Drivers, Warehousemen & Helpers, Local 287 (AFL-CIO)

Association of Professional Flight Attendants

State Lottery Commission of Indiana d.b.a. The Hoosier Lottery

AMR Corp.

Kellogg Brown & Root technical Services, Inc.

American Airlines, Inc. a.k.a. American Eagle

Service Employees International, Inc.

Highgate LTC Management, LLC

Zurich American Insurance Co.

Southwestern Bell Video Services, Inc.

Autozone, Inc.

SBC Telecom, Inc.

Temco Service Industries, Inc.

SBC Services, Inc.

14 Penn Plaza LLC

Pacific Telesis Group

City of Philadelphia

Pacific Bell Telephone Co.

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

Pacific Bell Information Services

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

Advanced Solutions, Inc.