A New York federal district court judge has ruled that an amended ERISA complaint based on a breach of fiduciary duty against the Teachers Insurance & Annuity Association of America (TIAA) may proceed after it was originally dismissed in 2022. The judge agreed that the complaint contained sufficient evidence of TIAA, a wealth management and investment firm, systematically cross-selling its adviser-managed account Read More
5th Circ. Declines to Halt SpaceX Appeal in its Constitutional Challenge to the NLRB
The U.S. Court of Appeals for the Fifth Circuit will continue to consider whether a Texas federal court judge must stay an administrative suit against SpaceX before the National Labor Relations Board's (NLRB) in-house Court. The NLRB requested that the Fifth Circuit pause its deliberations on the issue, stating that it now agrees to the injunction requested by SpaceX to stay the in-house administrative proceedings. Read More
Qualcomm Bid for Dismissal of 401(k) Forfeiture Suit Denied
A federal district court judge denied Qualcomm Inc.’s motion to dismiss a lawsuit filed by a former employee and current company 401(k) retirement plan participant. Antonio Perez-Cruet alleges in his Employee Retirement Income Security Act (ERISA) suit that Qualcomm violated its duty of prudence when it used forfeited retirement funds to reduce its plan contributions rather than decrease administrative expenses borne Read More
Federal Court Judge Refuses to Dismiss ADA Suit Over Wellness Program
U.S. District Court Judge Sharon Johnson Coleman has denied a motion to dismiss a proposed class action in which marketing firm workers claim that the company’s wellness program violates the Americans with Disabilities Act (ADA). Despite the company's stance that a medical exam for workers was voluntary, the judge found that workers provided sufficient evidence to the contrary that justified the suit moving forward. Read More
Federal Agencies Issue Updated Instructions for Annual Submission of Gag Clause Prohibition Compliance Attestation
The U.S. Department of Labor (DOL), the U.S. Department of Health and Human Services (HHS), and the Internal Revenue Service (IRS) have updated the Submission Instructions and User Manual for the Gag Clause Prohibition Compliance Attestation (GCPCA). Background of the GCPCA Group health plans and insurance companies cannot enter contracts with providers, provider networks, or entities offering provider network Read More
Disney Moves to Dismiss “Star Wars” Actor’s Wrongful Termination Suit on First Amendment Grounds
Counsel for Disney and Lucasfilm argued that a California federal district court judge should dismiss former “Star Wars” actor Gina Carano’s wrongful termination suit on First Amendment grounds. The media giant argued that the company has a First Amendment right to distance its artistic expression from Carano’s 2020 personal political statements on X, formerly known as Twitter, disparaging the use of pronouns and Read More
Senators Issue Resolution of Disapproval to Overturn DOL’s ERISA New Fiduciary Rule
A group of mostly Republican senators has issued a resolution of disapproval to repeal the U.S. Department of Labor’s (DOL) new rule that expands who qualifies as a fiduciary under the Employee Retirement Income Security Act (ERISA). Two Republican representatives introduced a similar measure in the U.S. House of Representatives. These members of Congress criticize the new rule as damaging Americans’ ability to save Read More
Supreme Court Toughens Test for NLRB to Obtain Injunctions Against Employers
The U.S. Supreme Court implemented a stricter four-factor test that courts must apply when the National Labor Relations Board (NLRB) seeks an injunction against an employer allegedly engaging in unfair labor practices (ULPs). The case is Starbucks Corp. v. M. Kathleen McKinney, case number 23-367, U.S. Supreme Court. Section 10(j) of the National Labor Relations Act (NLRA) authorizes the NLRB to seek injunctive Read More
11th Circuit Rules GA County’s Ban on Gender-Affirming Care Violates Title VII
A split panel of the U.S. Court of Appeals for the Eleventh Circuit has affirmed the ruling of a federal district court in a federal anti-discrimination law case involving transgender healthcare rights. The Court found that a Georgia county's health insurance plan violated Title VII when it denied a plan participant coverage for gender-reassignment surgery. The case is Anna Lange v. Houston County, Georgia, et al., Read More
DOL Issues Guidance on the Use of AI in the Workplace Under Federal Labor Laws
The Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) recently issued Field Assistance Bulletin No. 2024-1, entitled “Artificial Intelligence and Automated Systems in the Workplace under the Fair Labor Standards Act and Other Federal Labor Standards.” The bulletin originated from an October 2023 executive order that called for a coordinated federal government approach to the responsible and safe Read More
