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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US Labor Department’s EBSA to Re-Propose Rule on Definition of a Fiduciary

ERISA Fiduciary Rule  |  EBSA Release Number: 11-1382-NAT  |  9/19/2011

The U.S. Department of Labor's Employee Benefits Security Administration has re-proposed its rule on the definition of a fiduciary. More...

Department of Labor’s Regulation Implements Prohibited Transaction Exemption under 2006 Pension Protection Act

Investment Advice - Participants and Beneficiaries  |  DOL Release Number: 11-1537-NAT, 29 CFR Part 2550, RIN 1210–AB35  |  10/25/2011

The U.S. Department of Labor's Employee Benefits Security Administration has issued a final regulation that will enhance retirement security by improving workers' access to quality fiduciary investment advice. More...

DOJ, FTC Issue Final Statement of Antitrust Policy Enforcement Regarding Accountable Care Organizations

Final Rule on Medicare Program; Medicare Shared Savings Program: Accountable Care Organizations  |  DOJ No.11-1384, 42 CFR Part 425, CMS-1345-F, RIN 0938-AQ22  |  10/20/2011

The Department of Justice and the Federal Trade Commission (FTC) have issued the final version of a joint policy statement detailing how the agencies will enforce U.S. antitrust laws with respect to new Accountable Care Organizations (ACOs). More...

OSHA Issues Updated Hazard Alert on Formaldehyde Dangers to Hair Salon Owners, Workers after New Agency Findings and FDA Warning Letter

OSHA Update: Hair Smoothing Products That Could Release Formaldehyde  |  OSHA Release Number: 11-1393-NAT  |  9/22/2011

The U.S. Department of Labor's Occupational Safety and Health Administration has issued a revised hazard alert to hair salon owners and workers about potential formaldehyde exposure from working with certain hair smoothing and straightening products. More...

US Labor Department Postpones Revising Wage Calculations for H-2B Program

Final Rule on Wage Methodology for H-2B Program  |  ETA Release Number: 11-1404-NAT  |  9/22/2011

The U.S. Department of Labor’s Employment and Training Administration has announced a 60-day postponement of the effective date for the final rule concerning the wage methodology for the temporary nonagricultural employment H-2B program. More...

Labor Board Postpones Implementation Date for New Notice-Posting

Postponement of Posting of Notification of Employee Rights Under the National Labor Relations Act  |  29 CFR Part 104, RIN 3142–AA07  |  10/5/2011

The National Labor Relations Board has postponed the implementation date for its new notice-posting rule by more than two months in order to allow for enhanced education and outreach to employers, particularly those who operate small and medium sized businesses. More...

POGO Study: Private Service Contracts Cost Government Almost Double Expense of In-House Staff

Bad Business: Billions of Taxpayer Dollars Wasted on Hiring Contractors  |  POGO No. _____  |  9/13/2011

The U.S. government is wasting billions of dollars each year paying contractors to do work that could be done for nearly half the price by federal employees, according to a first-of-its-kind report released by the Project On Government Oversight (POGO). More...

MSHA’s Proposed Rule on Proximity Detection Systems Seeks to Prevent Crushing and Pinning of Miners

MSHA’s Proposed Rule on Proximity Detection  |  MSHA Release Number: 11-1285-NAT  |  8/29/2011

The U.S. Department of Labor's Mine Safety and Health Administration has released a proposed rule requiring that continuous mining machines used in underground coal mines be equipped with proximity detection systems. More...

NLRB Issues Final Rule for Notification of Employee Rights under the National Labor Relations Act

Notification of Employee Rights under the National Labor Relations Act  |  29 CFR Part 104, RIN 3142—AA07  |  8/25/2011

The National Labor Relations Board has issued a Final Rule that will require employers to notify employees of their rights under the National Labor Relations Act as of November 14, 2011. More...

President Signs Order to Promote Diversity And Inclusion in the Federal Workforce

Establishing a Coordinated Government-Wide Initiative to Promote Diversity and Inclusion in the Federal Workforce  |  No. ____  |  8/18/2011

President Obama has signed an executive order to promote equal employment opportunity, diversity and inclusion in the federal workforce, making federal workplaces models that tap talents from all segments of society. 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.

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

Tulsa Winch, 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.

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.

FBL Financial Group, Inc.

Granite Rock Company

International Game Tchnology

International Brotherhood of Teamsters

Manhattan Apartments Inc.

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

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

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

Association of Professional Flight Attendants

Kellogg Brown & Root technical Services, Inc.

AMR Corp.

Service Employees International, Inc.

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

Zurich American Insurance Co.

Highgate LTC Management, LLC

Autozone, Inc.

Southwestern Bell Video Services, Inc.

Temco Service Industries, Inc.

SBC Telecom, Inc.

14 Penn Plaza LLC

SBC Services, Inc.

City of Philadelphia

Pacific Telesis Group

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

Pacific Bell Telephone Co.