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Compensation, Benefits, & Bonuses Archives

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 There 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 mThere 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.

Frommert v. Conkright, No. 12-67 (2d Cir. Dec. 23, 2013)

After three trips to the district court - and a side visit to the U.S. Supreme Court - the Second Circuit issues a liability judgment in this ERISA matter, dating back to 1989. It holds the Xerox retirement plan liable as a matter of law for miscalculating retirement benefits and for misinforming class of their rights under the summary plan description (SPD). The case is remanded yet again to the district court for entry of remedy. Notably, the Second Circuit puts real teeth in the ERISA requirements in 29 U.S.C. §§ 1022 and 1054(h) that a plan must accurately inform participants of plan terms and of any amendments.

Heimeshoff v. Hartford Life & Accident Ins. Co., No. 12-729 (U.S. S. Ct. Dec. 16, 2013)

The Supreme Court today - in a unanimous opinion authored by Justice Thomas - lays a trap for the unwary ERISA plan participant. It holds that an ERISA plan sponsor can impose its own limitations period and accrual rule for claims under ERISA § 502(a)(1)(B), 29 U.S.C. § 1132(a)(1)(B), different from what is provided by state or federal law, provided that it is not "unreasonably short" (and remains subject to equitable exceptions). This post explains the significance of Monday's opinion and sets out three things that participants and beneficiaries must do to protect themselves from these legal landmines.

Rochow v. Life Ins. Co. of N. Am., No. 12-2074 (6th Cir. Dec. 6, 2013)

The Sixth Circuit, in a 2-1 opinion, issues an important remedies ruling under the Employee Retirement Income Security Act (ERISA). The majority holds that a disability plan participant who was wrongfully denied benefits was entitled to both recovery of the benefit and disgorgement of the plan's profits from the delay of payment. The disgorgement remedy - affirmed by the panel majority - was $3.8 million, based on the finding that the plan treated the withheld benefit as general equity and earned 11 to 39% annually on the money.

Killian v. Concert Health Plan, No. 11-1112 (7th Cir. Nov. 7, 2013) (en banc)

Seven years into litigation, plaintiff James Killian is a little closer to achieving justice for his late wife. After litigating an ERISA case unsuccessfully before two federal district court judges and a Seventh Circuit panel, the full Seventh Circuit today holds that Mr. Killian may pursue a claim for himself and his spouse's estate against her health care plan. He alleges that the plan misled them about whether Ms. Killian's end-stage care was within network, in breach of the duty of prudence under 29 U.S.C. § 1104(a)(1)(B). The court affirms that the ERISA duty of prudence requires complete disclosure by the plan administrator, "even if that requires conveying information about which the beneficiary did not specifically inquire."

Kenseth v. Dean Health Plan, No. 11-1560 (7th Cir. June 13, 2013)

An employee is informed by an employer health plan that surgery is approved, only to learn afterwards that the plan changed its mind and refused to pay over $77,000 in bills. The occasion of these simple and all-too-common facts gives the Seventh Circuit an opportunity to apply the recent U.S. Supreme Court decision Cigna Corp. v. Amara, 131 S. Ct. 1866 (2011). It holds that Cigna "substantially changes our understanding of the equitable relief available under section 1132(a)(3)" and expands judicial options for remedies, including monetary relief.

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