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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Labor, Health, and Treasury Departments Jointly Issue Proposed New Rules under the Affordable Care Act

Summary of Benefits and Coverage and the Uniform Glossary  |  DOL Release Number: 11-1232-NAT; 26 CFR Parts 54 and 602; REG-140038-10; RIN 1545-BJ94  |  8/17/2011

The U.S. Departments of Labor, Health and Human Services, and the Treasury have issued proposed new rules under the Affordable Care Act that will enable consumers to easily understand their health coverage and determine the best health insurance options for themselves and their families. More...

US Labor Department Considers Development of Data Tool to Combat Pay Discrimination

Non-Discrimination in Compensation; Compensation Data Collection Tool  |  DOL Release Number: 11-1208-NAT, 41 CFR Parts 60-1, RIN 1250-AA03  |  8/10/2011

The U.S. Department of Labor's Office of Federal Contract Compliance Programs is considering the development of a new data tool to collect information on salaries, wages and other benefits paid to employees of federal contractors and subcontractors. More...

Labor Board Holds that Supreme Court Decision Forecloses Backpay Remedy for Undocumented Immigrant Workers

Mezonos Maven Bakery, Inc. and Puerto Rican Legal Defense and Education Fund  |  Case No. 29–CA–25476  |  8/9/2011

The National Labor Relations Board has ruled that a 2002 U.S. Supreme Court decision compels the conclusion that the Board lacks remedial authority to award backpay to undocumented immigrant workers whose rights have been violated under the National Labor Relations Act, even in cases where their illegal status was known to the employer at the time of hiring. More...

OPM Issues Proposed Regulations to Help Recruit and Train Students and Recent Graduates

Excepted Service, Career and Career-Conditional Employment; and Pathways Programs  |  5 CFR Parts 213, 302, 315, 330, 334, 362, 531, 536, 550, 575, and 890  |  8/2/2011

The U.S. Office of Personnel Management (OPM) has issued proposed regulations that will offer students and recent graduates more uniform and transparent pathways to public service. More...

Homeland Security Department Outlines Policy Initiatives on Field of Employment

DHS Policy Initiatives on Startup Enterprises and to Spur Job Creation  |  DHS No. ___  |  8/2/2011

Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas have outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. More...

Measures Launched to Improve Whistleblower Protection Program

OSHA’s Whistleblower Protection Program  |  OSHA Release Number: 11-1136-NAT  |  9/1/2011

In a continuing effort to improve the Whistleblower Protection Program, the U.S. Department of Labor's Occupational Safety and Health Administration has announced that it is implementing additional measures to strengthen the program and is releasing an internal report detailing a recent top-to-bottom review of the program. More...

Ethics Reform Legislation Covering Public Employees in New York Becomes Law

Public Integrity Reform Act of 2011  |  S5679-2011  |  8/15/2011

New York Governor Andrew M. Cuomo has signed into law the "Public Integrity Reform Act of 2011," establishing transparency, strict disclosure requirements, and a strong independent monitor with broad oversight of New York State government. More...

US Labor Department Releases New Protocols for Certifying U Visa Applications

Department of Labor U Visa Process and Protocols  |  Release Number: 11-619-NAT  |  4/28/2011

The U.S. Department of Labor has issued protocols to complete the portion of the U visa nonimmigrant status application requiring certification by a law enforcement agency that the applicant is a victim of a qualifying crime and willing to cooperate with law enforcement in the investigation and prosecution of that crime. More...

US Labor Department Updates Functional Affirmative Action Program Process for Federal Contractors and Subcontractors

Functional Affirmative Action Programs  |  OFCCP Order No. ADM Notice/Functional AAP  |  6/28/2011

The U.S. Department of Labor's Office of Federal Contract Compliance Programs has released a new directive to outline the process by which federal supply and service contractors can apply for Functional Affirmative Action Program agreements. More...

Labor Department Extends Applicability Dates for Retirement Plan Fee Disclosure Rules

Requirements for Fee Disclosure to Plan Fiduciaries and Participants – Applicability Dates  |  US DOL Release Number: 11-1063-NAT, 29 CFR Part 2550  |  7/13/2011

The U.S. Department of Labor's Employee Benefits Security Administration has issued a final regulation under the Employee Retirement Income Security Act to extend and align the applicability dates for its retirement plan fee disclosure rules. 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.