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HTMLCurrent Structuring May Not Shield Private Equity Firms from ERISA Liabilities
Robert A. Davis, James Frazier, Gillian Emmett Moldowan, Shane J. Stroud, Linda Z. Swartz; Cadwalader, Wickersham & Taft LLP;
Legal Alert/Article
May 26, 2016, previously published on April 14, 2016
On March 28, 2016, the U.S. District Court for the District of Massachusetts held that two private equity funds within Sun Capital were jointly and severally liable under the Employee Retirement Income Security Act of 1974, as amended (ERISA), for the $4.5 million multiemployer pension plan...

 

HTMLRecent Win: Fitzgerald v. Walmart
Lora V. Northen, Andrea L. Schlafer; Capehart & Scatchard, P.A.;
Legal Alert/Article
May 26, 2016, previously published on April 20, 2016
Just because an incident occurs at work does not mean that it is compensable. In fact, there are many health issues that manifest during work that are not necessarily caused by work. In Fitzgerald v. Walmart, the Appellate Division recently affirmed the decision of the trail court finding the...

 

HTMLNew Georgia Law Says Franchisors Generally Not Employers of Franchisees or Franchisees’ Workers
Jason R. Carruthers, Jonathan J. Spitz, Kathleen M. Tinnerello; Jackson Lewis P.C.;
Legal Alert/Article
May 26, 2016, previously published on May 5, 2016
The “Protecting Georgia Small Businesses Act” amends Georgia’s Labor and Industrial Relations Code to provide that neither a franchisee nor a franchisee’s employee is considered an employee of a franchisor for “any purpose.” However, the amendment does not apply...

 

HTMLWhat Is Your Starting Salary? New FLSA Regulations Raise The Bar For U.S. Employers
Juan C. Garcia, Matt Gatewood, Michael A. Hepburn, Paul R. Lang, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 24, 2016, previously published on May 23, 2016
Employers with salaried employees earning under $47,476 annually should evaluate the impact on their organizations of major changes to employee compensation following new federal wage requirements effective December 1, 2016.

 

HTMLIt’s here: DOL Releases Fiduciary Regulations
Dale R. Vlasek; McDonald Hopkins LLC;
Legal Alert/Article
May 16, 2016, previously published on April 12, 2016
After years of effort and opposition from the financial service industry, the Department of Labor (DOL) has issued its final regulation clarifying the definition of who is a fiduciary under the Employee Retirement Income Security Act of 1974 (ERISA).

 

HTMLQuestioning Recent ISS Study on the Impact of Board Leadership Structures on CEO Pay
Lyle G. Ganske, Daniel C. Hagen, Robin C. Melman, Robert A. (Bob) Profusek, Lizanne Thomas; Jones Day;
Legal Alert/Article
May 10, 2016, previously published on April 2016
Institutional Shareholder Services ("ISS") published a report in March 2016 arguing that CEO compensation is impacted by companies' board structures. More specifically, ISS argues that CEOs of companies with boards chaired by an "insider" have higher compensation than CEOs of...

 

HTMLBasic-Supplemental Life Insurance Plan Pricing Structure Upheld in ERISA Class Action
Wilson G. Barmeyer, Carol T. McClarnon, Phillip E. Stano, Steuart H. Thomsen, Gail L. Westover; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
May 5, 2016, previously published on May 4, 2016
An employee benefit plan that includes an alleged subsidization component for its basic and supplemental options is neither prohibited by the Employee Retirement Income Security Act of 1974 (ERISA) nor a violation of the plan sponsor or service provider’s fiduciary duties, a federal district...

 

HTMLAn Introduction to the Division of Pension Benefits on Marriage Breakdown in Ontario - Part I
Mariette P. H. Matos; Bennett Jones LLP;
Legal Alert/Article
April 24, 2016, previously published on March 29, 2016
The long-awaited reform of the family law provisions of the Ontario Pension Benefits Act (PBA) came into effect on January 1, 2012, and the passage of time has brought to light the challenges involving the new pension division rules. In a Six-Part Pension Division Series, for those who are required...

 

HTMLWebsite Compliance with the ADA - Emerging Threat of Litigation
Douglas A. Cherry, Robert A. Koenig; Shumaker, Loop & Kendrick, LLP;
Legal Alert/Article
April 19, 2016, previously published on April 7, 2016
Over the last few months, a number of plaintiff’s law firms have sent demand letters to companies claiming that the company’s websites aren't accessible to disabled users, and thus violates Title III of the Americans with Disabilities Act (“ADA”).

 

HTMLThe Grisly Death of Determination Letters for Individually Designed Plans
Kevin L. Burch, David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
April 18, 2016, previously published on April 7, 2016
The Internal Revenue Service (IRS) announced last year that it would end its staggered five-year remedial amendment cycle system for individually designed retirement plans under the determination letter program due to budgetary constraints and a lack of resources. The remedial amendment cycle...

 


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