McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsSupreme Court Issues Further Clarification on Equitable Relief Remedies Available Under ERISA
By McDermott Will & Emery on Jan 28, 2016
Posted In Health and Welfare Plans, Retirement Plans
The Supreme Court of the United States’ recent ruling in Montanile v. Board of Trustees of the National Elevator Industry Health Benefit Plan holds that an ERISA plan cannot enforce an equitable lien against a participant’s general assets when the full amount of the settlement is spent on non-traceable items. This decision should encourage plan...
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Flambeau Inc. Wellness Program Testing Falls Within ADA Safe Harbor
By McDermott Will & Emery on Jan 19, 2016
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
On December 30, 2015, a federal judge in the Western District of Wisconsin ruled in favor of Flambeau, Inc. and against the Equal Employment Opportunity Commission (EEOC) in holding that Flambeau’s medical exams as part of its wellness program and self-insured medical plan did not violate the Americans with Disabilities Act (ADA). Read the full article.
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Tis The Season For Moonlighting: FMLA Leave and Secondary Employment
By McDermott Will & Emery on Dec 22, 2015
Posted In Employment, Labor
More employees on FMLA leave seem to moonlight during the last months of the year, which leads to increased inquiries from employers about suspected FMLA abuse. Read the full article.
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Increase in PBGC Premiums Effective for 2017 and Later Years
By Stephen Pavlick and McDermott Will & Emery on Dec 3, 2015
Posted In Employee Benefits, Fiduciary and Investment Issues, Retirement Plans
President Barack Obama signed into law the Bipartisan Budget Act of 2015 (the Budget Act), which raised Pension Benefit Guaranty Corporation (PBGC) premium rates beginning in 2017. Background Single-employer defined benefit pension plans must pay annual premiums to the Pension Benefit Guaranty Corporation (PBGC), the U.S. government agency that insures these plans. All single-employer defined...
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Independent Contractor and Exempt Employee Classification Review Should Include Joint-Employer Status
By McDermott Will & Emery on Jul 30, 2015
Posted In Employment, Labor
Recent independent-contractor misclassification guidelines, and proposed changes to the overtime rules by the U.S. Department of Labor, underscore that employers should be reviewing their independent-contractor classifications and wage and hour exempt-employee classifications. But even if an employer has correctly classified its own workforce, it still may be held responsible for a variety of employment liabilities...
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Sharp Questions Dominate Supreme Court Oral Arguments Regarding the Challenge to the Availability of ACA Premium Tax Credits
By McDermott Will & Emery on Mar 12, 2015
Posted In Benefit Controversies, Health and Welfare Plans
On March 4, 2015, the Supreme Court of the United States heard oral arguments in King v. Burwell, the highest profile challenge to the Affordable Care Act (ACA) since the Supreme Court’s 2012 decision to uphold the law. The oral arguments featured sharp questioning of both sides. A decision is anticipated in June to determine...
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A Personal Interest in Compliance
By McDermott Will & Emery on Nov 18, 2014
Posted In Employment, Labor
All individuals involved in a proposed sale transaction have a personal stake in full federal, state and local legal compliance because of expanding doctrines of personal liability and successorship liability, notwithstanding transaction documents that purport to disclaim assumption of seller’s liabilities. Read the full article.
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Wearable Technologies Are Here To Stay: Here’s How the Workplace Can Prepare
By McDermott Will & Emery on Sep 23, 2014
Posted In Privacy and Data Security
More than a decade ago, “dual use” devices (i.e., one device used for both work and personal reasons) began creeping into workplaces around the globe. Some employees insisted on bringing fancy new smart phones from home to replace the company-issued clunker and, while many employers resisted at first, dual use devices quickly became so popular...
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Full D.C. Circuit to Rehear ACA Premium Tax Credit Case
By McDermott Will & Emery on Sep 11, 2014
Posted In Health and Welfare Plans
The full U.S. Court of Appeals for the D.C. Circuit has vacated the 2-1 panel decision issued July 22, 2014, in Halbig v. Burwell, which struck down the Internal Revenue Service (IRS) Rule providing for Affordable Care Act (ACA) premium tax credits to be available to lower income exchange customers, regardless of their state of residence. ...
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Private Equity Firms Face Potential Liability Under Plant Closing Laws
By McDermott Will & Emery on Apr 22, 2014
Posted In Employment
Private equity firms risk potential liability for Worker Adjustment and Retraining Notification Act violations. Case examples demonstrate the need for proactive activity management, including observing corporate formalities, establishing and filling the director and officer positions of all entities, permitting the operating company management to make the decisions regarding employment terminations and plant closings, and clearly...
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