The National Labor Relations Board (NLRB) has issued a new ruling that modifies the language used to determine whether a group is an appropriate collective bargaining unit. The change will make it easier for unions to get representation elections, especially regarding smaller bargaining units. In the American Steel Construction case, which the NLRB issued on December 14, 2022, the agency returns to the so-called Read More
Landmark Court Rulings of 2022 for Employers and Benefits Plan Administrators
2022 was a busy year for federal benefits litigation. Here are seven landmark court rulings of 2022 for employers and benefits plan administrators. Dobbs et al. v. Jackson Women's Health Organization et al., Case Number 19-1392, U.S. Supreme Court The U.S. Supreme Court issued a bombshell decision on June 24, 2022, that overturned its 1973 decision in Roe v. Wade and women's constitutional right to abortion. Read More
DOL’s EBSA Proposes Changes to VFCP, Adds Self-Correction Mechanism for Plan Officials
The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) has issued proposed updates to its Voluntary Fiduciary Correction Program (VFCP). Notice of the proposed updates allows 60 days for public comments, expiring on January 20, 2023. The existing features of the VFCP will remain in place until EBSA publishes final revisions to the VFCP in the Federal Register. EBSA’s VFCP originated Read More
How EPT Laws Affect PERM Recruitment Practices
Frequently, employers file Permanent Labor Certification (“PERM”) applications for foreign workers they intend to sponsor for legal permanent residency. Many states now have enacted equal pay transparency (EPT) laws that could significantly affect the recruitment portion of the PERM application process. U.S. Department of Labor (DOL) regulations concerning PERM applications require that they publish employment Read More
Employees’ 401(k) Fee Suit Against Capital One Tossed
Capital One won a recent dismissal in one of the many Employee Retirement Income Security Act (ERISA) suits, filed by workers, concerning the low-performing BlackRock target-date-funds (TDFs). On the same day that he dismissed a similar suit against Booz Allen Hamilton, Judge Michael S. Nachmanoff dismissed the Capital One employee suit. Still, as in the Booz Allen case, he gave the employees 14 days to amend their Read More
7th Circuit Poised to Revive Northwestern ERISA Suit
The U.S. Court of Appeals for the Seventh Circuit appeared receptive to reviving an ERISA class action suit against Northwestern University, claiming mismanagement of the workers’ 403(b) plan, albeit on a limited scale. The employees alleged that Northwestern breached their fiduciary duties under ERISA by allowing too many investment options, causing them to pay excessive fees. In addition, they claimed that Read More
U.S. Supreme Court Set to Hear Five Major Cases This Term
The conservative supermajority of the U.S. Supreme Court is set to hear arguments on some of the most contentious issues in America this term. These issues include the potential end of affirmative action and whether refusing to serve same-sex wedding clients amounts to illegal discrimination or freedom of speech. The high Court also will address a legal theory that could give state lawmakers virtually unfettered Read More
VA Federal Judge Dismisses Booz Allen 401(k) Mismanagement Suit
In Tullgren v. Booz Allen Hamilton Inc. et al., case number 1:22-cv-00856, Judge Michael S. Nachmanoff of the U.S. District Court for the Eastern District of Virginia dismissed an employee’s 401(k) mismanagement suit against Booz Allen Hamilton, at least for now. The judge gave the employee leave to file an amended complaint within 14 days. Michael Tullgren had filed suit against the Virginia-based consulting Read More
Perceptions of Pay Equity Differ Greatly Among Employers and Employees
UKG, a provider of HR, payroll, and workforce management technology services, recently sponsored a research report entitled “Making Pay Equity Work for All.” Harvard Business Review (HBR) Analytic Services completed the research that led to the report. Based on their research, HBR found that organizations are making progress in reaching pay equity between men, women, and underrepresented groups. Employees and Read More
CA Federal Judge Orders Billing Contractor to Produce Docs in Surprise-Billing Claim
U.S. Magistrate Joseph C. Spero granted a motion to compel from a proposed class of patients, alleging that their insurer, United Behavioral Health, had underpaid their out-of-network reimbursement claims. The judge found that third-party billing contractor, MultiPlan, had waived all claimed protections in its privilege log and failed to follow an October order concerning the discovery dispute. As a result, MultiPlan Read More
