Employment Law Updates

Featured Expert Legal Commentary

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 OSHA Rescinds Clinton-era Directive and Gives Workers More Safeguards against Falls

Compliance Directive for Fall Protection in Residential Construction  |  29 CFR Part 1926  |  12/22/2010

The U.S. Department of Labor's Occupational Safety and Health Administration has announced a new directive withdrawing a former one that allowed residential builders to bypass fall protection requirements. More...

MSHA’s Rule Underscores Mine Operators’ Responsibility for Conducting Safety and Health Examinations

Proposed Rule on Examinations of Work Areas in Underground Coal Mines for Violations of Mandatory Health or Safety Standards  |  No. 10-1779-NAT  |  12/23/2010

The U.S. Department of Labor's Mine Safety and Health Administration has announced a proposal to revise its requirements for pre-shift, supplemental, on-shift and weekly examinations. More...

US Department of Labor’s OSHA Issues Final Rule, Revises Acetylene Standard

Revising Standards Referenced in the Acetylene Standard  |  20 CFR Part 1910, Docket No. OSHA-2008-0034, RIN 1218-AC08  |  10/20/2010

The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA) has revised its acetylene standard. More...

NLRB Streamlines Process to Seek Federal Injunctions When Employees are Fired during Organizing Campaigns

Effective Section 10(j) Remedies for Unlawful Discharges in Organizing Campaigns  |  Memorandum GC 10-07  |  9/30/2010

Acting General Counsel Lafe Solomon of the National Labor Relations Board (“NLRB”) has announced an initiative to strengthen and streamline the Agency’s response to charges filed when employees are fired in the midst of a union organizing campaign. More...

US Labor Department Proposes Rule to Enhance Target Date Retirement Fund Disclosures

Target Date Retirement Fund Disclosures  |  No. 10-1658-NAT  |  11/29/2010

The U.S. Department of Labor's Employee Benefits Security Administration has issued a proposed rule that will help America's workers better understand target date retirement funds and other similar investments offered in 401(k)-type pension plans. More...

US Labor Department Seeks Comments on Nursing Mothers Law

Nursing Mothers Law  |  No. 10-1764-NAT  |  12/21/2010

The U.S. Department of Labor's Wage and Hour Division is requesting public comments on its preliminary interpretations of a new provision of the Fair Labor Standards Act that requires employers to provide nursing mothers with reasonable break time and a private space for expressing breast milk while at work. More...

US Department of Labor Approves Standards for Direct Support Professional Occupation under National Registered Apprenticeship System

New National Guidelines for Apprenticeship Standards for the National Alliance for Direct Support Professionals (NADSP)  |  Bulletin 2010- 31  |  9/24/2010

The U.S. Department of Labor's Employment and Training Administration(“ETA”) has approved national guidelines for apprenticeship standards for the occupation of direct support professional. More...

New York's Minority and Women-owned Business Enterprises (MWBE) "Emerging Managers" Law Corrects Disparities in Government Contracting and Procurement

Minority and Women-owned Business Enterprises (MWBE) "Emerging Managers" Act  |  A.9976-C / S.6888-C  |  11/23/2010

Governor David A. Paterson has held a ceremonial bill signing of the Minority and Women-owned Business Enterprises (MWBE) "Emerging Managers" bill (A.9976-C / S.6888-C). More...

US Labor Department Issues Final Rule to Improve Transparency of Fees and Expenses to Workers with 401(k)–type Retirement Plans

Fiduciary Requirements for Disclosure in Participant-Directed Individual Account Plans  |  29 CFR Part 2550, RIN 1210-AB07  |  10/14/2010

The U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) has released a final rule to give the estimated 72 million participants covered by 401(k)-type retirement plans greater information regarding the fees and expenses associated with their plans in order to better manage their retirement savings. More...

MSHA Issues Proposed Rule on Lowering Miners’ Exposure to Respirable Coal Dust

Lowering Miners’ Exposure to Respirable Coal Mine Dust Including Continuous Personal Dust Monitors  |  30 CFR Parts 70, 71, 72, 75, and 90, RIN 1219-AB64,  |  10/14/2010

The U.S. Department of Labor’s Mine Safety and Health Administration (“MSHA”) has announced the release of a proposed rule on lowering miners’ exposure to respirable coal dust in all underground and surface coal mines. 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.