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...
The National Labor Relations Board has found that musicians playing for symphony orchestras in Pennsylvania, Massachusetts and Texas are employees, not independent contractors, and therefore are eligible to vote on whether they want union representation. More...
The National Labor Relations Board has ruled that it is a violation of federal labor law to require employees to sign arbitration agreements that prevent them from joining together to pursue employment-related legal claims in any forum, whether in arbitration or in court. More...
The U.S. Department of Labor's Office of Workers' Compensation Programs has issued a final rule implementing the Longshore and Harbor Workers' Compensation Act's exclusion for recreational vessel workers. The rule defines what constitutes a "recreational vessel" when applying the exclusion. More...
The U.S. Department of Labor's Occupational Safety and Health Administration has published interim final rules that revise the regulations governing whistleblower complaints filed under the Sarbanes-Oxley Act of 2002. More...
The National Labor Relations Board has voted 2-to-1 to approve a resolution to proceed with a limited number of amendments to the NLRB election process. More...
National Labor Relations Board Chairman Mark Gaston Pearce has released details of his proposal to amend certain election procedures in order to reduce unnecessary litigation in disputed cases. More...
The U.S. Department of Labor's Wage and Hour Division has announced a 30-day extension of the comment period for its proposed rule to revise regulations addressing child labor in agricultural and nonagricultural employment under the Fair Labor Standards Act. More...
The National Labor Relations Board (NLRB) has adopted a new approach for determining what constitutes an appropriate bargaining unit in health care facilities other than acute care hospitals (which are covered by the Board’s Health Care Rule). More...
The U.S. Department of Labor is proposing revisions to child labor regulations that will strengthen the safety requirements for young workers employed in agriculture and related fields More...
The Department of Labor’s Office of Labor-Management Standards (OLMS) has published a final rule revising the Form LM-30 Labor Organization Officer and Employee Report. More...
