Searching Content indexed under Employment Litigation/ Tribunals by McDermott Will & Emery ordered by Published Date Descending.
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Buyers' Immunity Under Employment Law Is A Myth
There are three focal points in every successorship case: (1) notice to the purchaser; (2) continuity of the business; and (3) the ability of the seller to provide relief.
United States
29 Jul 2019
US Supreme Court To Review Unusual Second Circuit Decision In Stock Drop Case Against IBM
On Monday, the US Supreme Court agreed to review the Second Circuit's decision in Jander v. Retirement Plans Committee of IBM, a "stock drop" lawsuit against IBM's benefit plan fiduciaries.
United States
21 Jun 2019
Former Employee's Release Agreement Bars ERISA Claim Against ESOP Fiduciary
A recent summary-judgment decision explains how individual releases can bar the individual from pursuing ERISA fiduciary-breach claims on behalf of the plan.
United States
5 Jun 2019
Increase In UK Employment Protection Awards
This alert sets out the changes in full and highlights important consequences for employers.
6 Apr 2018
What To Expect In UK Employment Law In 2018: GDPR, Brexit Negotiations And More
Whilst 2017 was anticipated to be a fairly static year for UK employment law, that did not in fact prove to be the case, and there were various notable developments.
11 Jan 2018
The Uber Saga Continues – "Worker" Status In The Gig Economy
The UK Employment Appeal Tribunal has upheld the Employment Tribunal's finding that Uber drivers are "workers".
1 Dec 2017
"Back To School" Round-Up Of Key UK Employment Law Developments In 2017 To Date
In this "back to school" round-up, we take the opportunity to catch up on the most important UK employment law events and developments in 2017 to date.
3 Oct 2017
Court Cases Challenge English-Only Cobra Election Procedures
Two pending federal cases could reveal situations in which employers with a significant multi-lingual workforce should provide translated versions of their COBRA election materials.
United States
27 Sep 2017
UK Supreme Court Rules Employment Tribunal Fee Regime
In a significant judgment delivered on 26 July 2017, the UK Supreme Court found that the employment tribunal fees regime introduced in 2013 is unlawful and quashed it with immediate effect.
8 Aug 2017
THE LATEST: Employee "No-Poaching" Agreements Remain In The Antitrust Crosshairs
There have been a series of investigations, class action suits and high value settlements involving agreements not to solicit employees.
United States
1 Mar 2017
Score On Wellness Lawsuits—Wellness Plans 3, EEOC 0?
On September 19, 2017, in the ongoing lawsuit the US Equal Employment Opportunity Commission (EEOC) brought against Orion Energy Systems Inc. (Orion) regarding its wellness program, a Wisconsin federal judge found that Orion's wellness program was voluntary.
United States
29 Sep 2016
Fifth Circuit Holds FCA Amendment Does Not Expand Retaliation Liability Beyond Employers
The Fifth Circuit Court of Appeals recently affirmed a district court's dismissal of a retaliation claim under the False Claims Act (FCA) as to several individual defendants.
United States
21 Sep 2016
Fourth Circuit Affirms Dismissal Of Ex-Employee's Retaliation Suit
On August 22, 2016, the US Court of Appeals for the Fourth Circuit issued a decision in Carlson v. DynCorp International LLC, affirming the district court's dismissal of an ex-employee's retaliation suit under the FCA...
United States
2 Sep 2016
Responding To Marketplace Notices
Employers may appeal the Marketplace notices if there has been a mistake regarding assertions made by the employee.
United States
10 Aug 2016
Seventh Circuit Affirms Summary Judgment For Federal Subcontractor In FCA Suit Regarding Fringe Benefit Withholdings
While upholding the grant of summary judgment for the defendant, the Seventh Circuit based its ruling on different grounds than the district court.
United States
27 Jul 2016
Supreme Court Issues Opinion Addressing Interplay Between APA Procedural Compliance And Chevron Difference
In Encino Motorcars, LLC v. Navarro, Sup. Ct. No. 15-415 (June 20, 2016), the Supreme Court of the United States invalidated a regulation issued by the US Department of Labor under the Fair Labor Standards Act.
United States
6 Jul 2016
'Right-Sizing' Full-Time Employees To Reduce ACA Obligations May Lead To ERISA Class Action Exposure
Compliance with the Affordable Care Act (ACA) has resulted in increased health benefit costs for many employers.
United States
17 Feb 2016
Illinois Supreme Court "Upgrades" Willful Misconduct Requirements In Unemployment Cases
The claimant, an airline employee with 24 years of service, had been asked by a friend at another airline whether she could do something special for a passenger scheduled to fly on the claimant's airline.
United States
11 Feb 2016
View From McDermott: Judicial Dos And Don'ts Of ERISA Benefit Claim
Much has been written about the challenges that exist for the ERISA plan fiduciaries related to their investment of plan assets or review of plan administration fees related to those investments...
United States
23 Sep 2015
Whistleblower Wins Reinstatement Fight, Demonstrating The Need For Detailed Personnel Files
Shortly before Townsend was terminated, his corporate credit card had been suspended for about six months, because his wife had inadvertently used his expense reimbursements from Bayer to pay other bills.
United States
12 May 2015
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