LexisNexis® Legal Newsroom
Key Employee Benefits Issues in a Sale of Assets under Section 363 of the Bankruptcy Code

This article is an excerpt from the forthcoming Second Edition of Collier Monograph: Employee Benefits and Executive Compensation in Corporate Bankruptcy , written by John R. Cornell, Daniel C, Hagen, Tricia Eschbach-Hall and Lisa Rothman Jesner. The authors are lawyers with the international...

Employee Benefits Guide

Employee Benefits Guide provides detailed analysis of the statutes, regulations, case law, and opinion letters relating to employee benefits. It examines coverage under the Employee Retirement Income Security Act of 1974 (ERISA); ERISA's reporting and disclosure provisions; qualified and nonqualified...

Free Download: Sutherland Alert-2011 Regulatory Agendas for Employee Benefits Published by Treasury and DOL

by Joanna Myers and Mark Smith In December 2010, the principal regulators of U.S. employee benefits published their guidance plans for the coming months. On December 7, 2010, the U.S. Treasury Department and the Internal Revenue Service (IRS) released their 2010-2011 Priority Guidance Plan , often...

Paid sick leave now in effect in Philadelphia

As of July 1, 2012, covered employers in Philadelphia are now required to afford sick leave to certain employees. Here is a copy of the new law. You'll also need to read this bill to have any chance at making heads or tails of the new sick-leave requirements. Who is a covered employer? 1...

Must Employers Carry Medicare Eligible Active Employees and Spouses?

by Keisha N. Jackson As health care costs continue to rise, many employers are considering creative solutions for keeping costs low without drastically changing the benefits offered to active employees. Active employees who have spouses on Medicare or who are themselves eligible for Medicare may...

Supreme Court Hears Arguments on Limitations Period in ERISA Benefits Denial Case

WASHINGTON, D.C. — (Mealey’s) A beneficiary’s claim for wrongful denial of disability benefits under the Employee Retirement Income Security Act does not accrue for limitations purposes until the plan’s internal benefits resolution process has been exhausted, notwithstanding a...

Employer Benefits Plans: Health Flexible Spending Accounts Just Got More Flexible

by Ann Kontner Good news may be on the horizon for those employees who find they are scrambling to buy an extra pair of glasses or rush to the dentist in order to spend the remaining funds in their Health Flexible Spending Account (HFSA or FSA) before the end of the plan year. On October 31, 2013...

U.S. Supreme Court: Ordinary Contract Law Must Be Applied to Benefits Dispute

WASHINGTON, D.C. — (Mealey’s) The Sixth Circuit U.S. Court of Appeals erred when it applied the reasoning of its earlier decision in International Union, United Auto, Aerospace & Agricultural Implement Workers of Am. v. Yard-Man, Inc. , 716 F.2d 1476 (6 th Cir. 1983) [ an enhanced version...

SCOTUS Kills Yard-Man

When you were growing up, did you ever have a teacher return an assignment and tell you everything you did wrong... but not give you the right answer? Instead, you were just supposed to try again and figure it out for yourself? That's pretty much what Justice Thomas just did to the 6th Circuit. ...

More Pro-Employee Bills to Watch in the Florida Legislature

To their credit, some Florida legislators are doing their darndest to try to fix Florida's anti-employee legal climate. I wrote about some pro-employee bills filed, and now there are some more to keep an eye on this legislative session: Banning employer fraud : A bill proposed would make it illegal...

Supreme Court Rules No “Thumb on the Scale” Favoring Lifetime Retiree Health Benefits

by Mark G. Jeffries The Supreme Court of the United States recently vacated a decision that made an employer responsible for the lifetime costs of its retirees’ health benefits, despite there being no language in the labor agreement with the union stating that the employer had this responsibility...