Your right to certain employment benefits doesn't just come from your contract with your employer. There are also federal laws that help protect you regarding certain kinds of benefits. The Employee Retirement Income Security Act (ERISA) has helped protect employees...
Plaintiffs Melissa Haley brought a class action lawsuit alleging that Defendant Teachers Insurance and Annuity Association of America’s (“TIAA”) collateral loan program, which requires transfer of 110% of the value of the loan to TIAA’s general account, violates ERISA’s prohibited transaction rules. TIAA that moved for summary judgment on all of Plaintiff’s claims. The Court denied TIAA’s motion, in part, clearing the way for the case to go to trial.
The 401(k) retirement plan participants allege that the Plan’s fiduciaries selected and retained certain actively managed funds with excessively high fees that underperformed other available alternatives including lower-cost index funds. They also allege that the Plan’s fiduciaries failed to properly monitor potentially conflicted dual-registered advisors and their commissions. Plaintiffs’ allegations “taken as a whole are sufficient to make out a claim of breach of the duty of prudence.”
Workers in the health care industry have very difficult jobs since they care for patients who may have very complex medical needs. Unfortunately, this is also an industry that’s often riddled with worker shortages. There are several things that individuals who work...
The U.S. Court of Appeals for the Third Circuit upheld a $2.45 million judgment against a federal contractor for “recklessly” violating prevailing wage laws. The Farfield Company was sued for misclassifying and underpaying construction workers on federally funded projects, in violation of the federal Davis Bacon Act (“DBA”). When the contractor falsely certified that its weekly payrolls complied with its…
An automotive technician who worked for Monro Auto Service and Tire Center has filed a class-action lawsuit seeking unpaid overtime wages under the new Virginia Overtime Wage Act that went into effect on July 1, 2021. The plaintiff seeks to represent a class of all technicians, senior technicians, mechanics, and similar employees who worked for Monro and were not paid overtime…
On August 16, 2021, the United States Court of Appeals for the Second Circuit partially revived an ERISA class-action case against New York University. The class, made up of former and current NYU employees, alleges that NYU breached its fiduciary duties by...
When you take a job, your most basic right is the right to compensation. You and your employer agree to a salary or an hourly wage that they pay you for your time, training, and effort. If you are an hourly worker, you should receive compensation for all of the time...
Shifting pay from the hourly rate to a bonus does not mean the employer can exclude it when calculating overtime. Failing to include bonus compensation amounts in workers’ regular rates when calculating overtime pay due, violates the Fair Labor Standards Act.
On August 22, 2021, the United States District Court for the Southern District of New York issued an order denying a Motion to Stay All Proceedings filed by Defendants Estee Lauder Inc., the Board of Directors of Estee Lauder, and the Estee Lauder Inc. Fiduciary...