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Supreme Court’s ‘Montanile’ Decision Makes Waves

January 22nd, 2016
in Employment & Benefits |

By  John Manganaro, Published on PLANADVISERdash on January 21, 2016

The U.S. Supreme Court case Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan did not gain much attention before reaching the top federal court, but now that the case has been decided, ERISA attorneys are warning of significant potential impacts. [Read More]

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In addition to unparalleled networking opportunities, ACI’s 11th ERISA Litigation will provide attendees with the latest insights and expert advice from our exceptional faculty including on:

  • The Supreme Court Roundup: Montanile, Gobeille, Spokeo and Gomez
  • Emerging Trends in ERISA Class Actions
  • Recent Stock-Drop Decisions and Ramifications for Fiduciaries of Retirement Plans: The Interplay Between ERISA and Securities Law
  • ESOP Litigation: New and Emerging Claims and Guidelines for ESOP Valuations (more…)

Wage & Hour Claims & Class Actions Q&A with Conference Speaker Michael W. Hawkins

January 19th, 2016
in Employment & Benefits |

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Michael W. Hawkins, Dinsmore & Shohl LLP, will be speaking at ACI’s National Forum on Wage & Hour Claims & Class Actions, Thursday, January 28 to Friday, January 29, 2016 at The Viceroy Miami in Miami, FL.  In anticipation of the conference, check out our recent Q&A session with Michael Hawkins and Michael B. Mattingly: (more…)

ERISA Litigation: Q&A with Speaker Stephen Rosenberg

September 28th, 2015
in Employment & Benefits |

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Stephen Rosenberg, Of Counsel, The Wagner Law Group will be speaking at our October 26th-27 ERISA Litigation Forum in New York City. In anticipation of next month’s conference, check out our recent Q&A with Stephen -

1. What is the greatest implication of the recent Tibble case for your practice?

Tibble’s greatest implication has nothing to do directly with excessive fee issues, but instead concerns the fact that it has greatly clarified the application of ERISA’s six year statute of limitations for breach of fiduciary duty claims.  Interestingly, a good case can be made – and I have made it on my blog – that the Supreme Court really added nothing new, in a concrete sense, to this area of the law, in that the decision did not present a clear rule of law as to the starting and ending points of that statute of limitations, or of the test to use to determine each.  However, by treating the statute of limitations as straight forward and as running from the breach identified by the plaintiff, and not from some other point in time, the Court in Tibble effectively undercut many of the more creative applications of that statute of limitations that lawyers – both for plaintiffs and defendants – have been using on a regular basis in the courtroom, and made it easier for all involved to work from a common understanding of when the statute of limitations begins to run.

(more…)

Wage & Hour Claims and Class Actions San Francisco: Q&A with Speaker Jay J. Price

September 22nd, 2015
in Employment & Benefits, Legal Conferences |

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Jay J. Price, Assistant General Counsel, Bank of America, will be speaking at our upcoming Sept. 28-29 Wage & Hour Claims and Class Actions forum in San Francisco.  In anticipation of the upcoming conference, check out our recent Q&A with Jay.

1. How will the DOL’s new/proposed federal overtime regulations with regard to “white collar exemption” requirements affect your practice?

At a minimum, the new salary requirements for both traditional “white collar” exemptions and the “highly compensated employee” requires re-testing their workforce compensation data by every employer who utilizes those exemptions. Also, the DOL’s equivocation on whether changes to the FLSA “duties test” are in the offing will require ongoing monitoring of further developments. (more…)

Wage & Hour Claims and Class Actions San Francisco: Q&A with Speaker Ron Peppe

September 16th, 2015
in Employment & Benefits |

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Ron Peppe, Vice President Legal and Human Resources, Canam Steel Corporation, will be speaking at our upcoming Sept. 28-29 Wage & Hour Claims and Class Actions forum in San Francisco.  In anticipation of the upcoming conference, check out our recent Q&A with Ron.

1. How will the DOL’s new/proposed federal overtime regulations with regard to “white collar exemption” requirements affect your practice?

Our company is still evaluating the impact, but the increase in the threshold wage for the white collar exemption may require us to change some hiring practices because of the increased wage and compliance costs. The increase in the threshold is so dramatic is means the test is not aligned very well with workplace realities. We also remain very concerns about the next shoe to drop, i.e, changes to the duties test. (more…)

Early Booking Rate Ends Tomorrow, Sept. 9th for ERISA Litigation Summit in NYC

September 8th, 2015
in Employment & Benefits |

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ADVANCE PRICING ENDS TOMORROW, SEPTEMBER 9
Book by 9/9, just as your colleagues have, before the higher tuition rate kicks in on 9/10

Click here to register - http://goo.gl/xhzs9u

(more…)

Monthly Industry News – Employment & Benefits

August 31st, 2015
in Employment & Benefits, Legal Conferences |

top news

Employment & Benefits – The latest Wage and Hour news updates including Sirius XM, Uber, the  U.S. Department of Labor, California’s pay stub rules and Victoria’s Secret. Plus, Subcontractor Horizontal Immunity and the National Labor Relations Board. (more…)

Agenda Released for ERISA Litigation on Oct. 26-27 in NYC

June 26th, 2015
in Employment & Benefits, Legal Conferences |

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Check out the full agenda now: http://goo.gl/GcnHXm

 

 

Weekly Industry News – Employment Law

February 5th, 2015
in Employment & Benefits, Legal Conferences |

Employment Law –  California Supreme Court clarifies when an arbitration award may be corrected, are transgender protected under Title VII , Pa. Court rules against cigna in ERISA coverage fight and more…

(more…)

Weekly Industry News – Employment Law

December 11th, 2014
in Employment & Benefits, Legal Conferences |

Employment Law – employers not required to pay employees for time spent in security screenings, ERISA 11th circuit update, OFCCP issues final rule prohibiting sexual orientation and gender identity discrimination and more.

 

(more…)

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