Jump to Navigation

Compensation, Benefits, & Bonuses Archives

Reforming Labor and Employment Laws to Improve the Economy: Comparing American and French Approaches

This Sunday, May 7, the world will be watching France to see if the wave of populism that led to Brexit and the election of President Donald Trump will now usher in Marine Le Pen as the new French president. Le Pen leads the country's far-right National Front party and is up against the centrist Emmanuel Macron in this Sunday's runoff poll.

Fair Play Pay: Compensating College Athletes

It is not news that college athletics are big business. March Madness holds the entire country's rapt attention each year, and the revenues it generates for the NCAA are significant. The broadcast rights are worth more than $1 billion annually as of 2016. And, while the NCAA has indicated that 90% of that money goes to the benefit of the athletes, that may not truly be the case. March Madness is over, but many question whether the NCAA promulgates another form of madness, its amateurism rules that forbid compensation of college athletes.

Paid Parental Leave Has Broad Business and Economic Benefits

As noted by Vogue Magazine, August marked the 23rd anniversary of the federal Family and Medical Leave Act. Though considered landmark legislation at the time, the law only provides for unpaid leave, and does not apply to a large percentage of Americans employed by companies with fewer than 50 employees. Seeking to correct this situation, four states - California, New Jersey, Rhode Island and New York - now have paid leave laws. Even in those states, however, there remain gaps, particularly when it comes to job protection.

Companies Must Disclose Ratio of CEO Pay to Median Employee Pay

The SEC voted on Wednesday to require public companies to disclose the ratio of their CEOs' compensation to the median compensation of its employees. The new rule, which was approved by a 3 to 2 vote, stems from a mandate included in the Dodd Frank Wall Street Reform and Consumer Protection Act.

Tibble v. Edison Int'l, No. 13-550 (U.S. May 18, 2015)

The Supreme Court - presented with a simple question about ERISA's fiduciary-duty statute of limitations (29 U. S. C. § 1113) - lays the foundation for a potential new round of litigation about how strictly and often plan fiduciaries must monitor the performance of their retirement investment plans. The Court, without dissent, agrees that there is no set-it-and-forget-it rule for fiduciaries.  

U.S. Oil Worker Wage-and-Hour Pay Rights Issues

Since July 2014, the price of oil has dropped by half. That's good for consumers' pocketbooks, but one segment of the population is facing hard times: U. S. oil industry workers.  In the past few years, the boom in oil production meant that companies needed to quickly expand hiring to meet the demand for workers. The rush to hire meant that some companies did not follow wage and hour laws.

Fulghum v. Embarq Corp., No. 13-3230 (10th Cir. Feb. 24, 2015)

While ERISA does not provide a limitations period for most claims, it does impose a three-year limitations period after discovery of a breach of fiduciary duty, plus a six-year period of repose. Yet the statute also provides that "in the case of fraud or concealment, such action may be commenced not later than six years after the date of discovery of such breach or violation." The Tenth Circuit examined this quoted language today, and remanded parts of a class action to be reconsidered under this provision.

Amara v. CIGNA Corp., No. 13‐447 (2d Cir. Dec. 23, 2014)

This class action, now over 13 years old - with a liability finding against CIGNA and its pension plan under ERISA for cutting back and misrepresenting benefits under an amended plan - returns from the U.S. Supreme Court to determine what kind of relief should be ordered. The Second Circuit affirms, holding that the district court properly reformed the pension plan to preserve all of the benefits earned under the pre-amended plan, up to the date of the amendment. The court also upholds the class certification order.

Harrison v. Wells Fargo Bank, N.A., No. 13-2379 (4th Cir. Dec. 5, 2014)

The duty of the administrator of a short-term disability (or other welfare benefit) plan can sometimes extend beyond reviewing the participant's submitted claim. The Fourth Circuit holds that it can also be an abuse of discretion for the administrator to disregard "readily available material evidence of which it was put on notice." Here, the administrator allegedly failed to follow up on a notation in the medical file indicating that the participant's recent widowhood "could have triggered PTSD caused by the [recent] death of her mother and children."

Tatum v. RJR Investment Committee, No. 13-1360 (4th Cir. Aug. 4, 2014)

A hidden difficulty many American employees face is that a huge amount of their retirement income - an estimated $4 trillion - is in 401(k) plans, too many of which are managed by individuals indifferent to (or not competent to advance) the interests of future retirees. In this Fourth Circuit case, the district court found the fiduciaries of the retirement plan in breach of their duty of prudence by their arguably poor timing in liquidating a company-stock fund when its shares were in a trough, without performing a reasonable investigation, but excused them from paying any relief to the participants. The court holds (2-1) that the judge erred in insulating the fiduciaries from remedying that breach, concluding that the fiduciaries had the burden of proving that a prudent fiduciary would have made the same decision.

subscribe to this blog's feed subscribe to this blog's feed

tell us about your case

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

facebook twitter linked in

our office locations

Outten & Golden LLP
685 Third Avenue, 25th Floor  
New York, NY 10017  
Phone: 212-245-1000
Map and Directions

Outten & Golden LLP
161 North Clark Street
Suite 1600
Chicago, Il 60601  
Phone: 312-809-7010
Map and Directions

Outten & Golden LLP
One Embarcadero Center, 38th Floor
San Francisco, CA 94111
Phone: 415-638-8800
Map and Directions

Outten & Golden LLP
601 Massachussetts Avenue NW
Second Floor West Suite 
Washington, DC 20001
Phone: 202-847-4400
Map and Directions