On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans.  In Hughes v. Northwestern University, Case No. 19-1401, the Court voted unanimously to vacate a decision from the U.S. Court of Appeals for the Seventh Circuit, temporarily reinstating allegations by employees of Northwestern University that the fiduciaries of Northwestern’s retirement plans had violated the duty of prudence required by ERISA.

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor liability to claims for withdrawal liability under the Employee Retirement Income Security Act (ERISA). The court did not, however, find successor liability in this case because the acquiring company specifically did not acquire the facility or employees that triggered the liability.

On March 10, 2022, the Department of Labor issued guidance on the use of cryptocurrency in plans governed by ERISA.  The announcement applies to cryptocurrencies as well as digital assets, which include “tokens,” “coins,” “crypto assets” and any derivates thereof.

On October 14, 2022, the Pension Benefit Guaranty Corporation (PBGC), the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the Employee Retirement Income Security Act of 1974 (ERISA), published a proposed rule governing employer withdrawal liability.

Sarah Bryan Fask comments on the Pension Benefit Guaranty Corp.’s proposed rules that would govern interest rate assumptions for calculating withdrawal liability in a pension fund and how they will affect cases like Energy West.

Law360

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Shannon Meade examines the key labor and employment regulatory actions included in the Biden administration’s long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions.

SHRM Online

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A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as a reminder for plan administrators to review their claims review procedures to ensure compliance with the current requirements for a “full and fair review” benefits appeal process.

The Claims Review Regulations

Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A recent federal court decision, however, shows that fiduciaries of ERISA retirement plans may be able to attack and defeat complaints alleging breaches of ERISA fiduciary duties at the pleading stage if the right arguments are made and if certain fact patterns are present. 

On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued its decision in Trustees of IAM Nat'l Pension Fund v. M & K Emp. Sols., LLC, No. 22-7157 (D.C. Cir. Feb. 9, 2024), affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case.  The D.C.

Jasper Hoffstedde and Eric van Dam of Littler’s Amsterdam office discuss non-compete clauses in Dutch employment agreements. A non-compete clause may be agreed upon in writing in indefinite-term employment agreements with a person of age (18+). For fixed-term employment agreements, additional conditions apply. Such conditions are strict, which more often than not lead to invalidity or voidability of the clause.

Jasper Hoffstedde and Fleur van Lieshout of Littler’s Amsterdam office discuss the termination clause in Dutch employment agreements. The termination clause seems an easy and straightforward clause; you simply invoke the clause and terminate employment, right? For the employee that is indeed in the case, but the employer has another hoop to jump through if the employee doesn’t want to agree to termination. He then has the obligation to substantiate the reason for termination, the so-called valid ground.

Jeronimo Simonovis and Lavanga Wijekoon discuss an asylum case before U.S. immigration authorities that Jeronimo won involving a woman and her 8-year-old son.

Littler attorneys provide pro bono services in a variety of areas, depending on the interests of individual attorneys. The firm values and encourages the community-minded and pro bono efforts of our lawyers and staff.
  

There has been a recent, dramatic rise in antisemitism in the United States. In this podcast, David Goldman, the Executive Director and General Counsel of Congregation Emanu-El in San Francisco, shares his perspective on how this trend is impacting our communities and workplaces, and offers some practical insights as to how the development of a shared understanding, along with a combination of empathy and meaningful policy implementation, can contribute to a more respect-based coexistence as we move forward.
  

As May comes to a close, we end our celebration of Asian American Pacific Islander Heritage Month with the second of two podcasts that feature the personal stories of some of our ‘Ohana group attorneys. Littler attorney Brandon Mita has an inspiring conversation with fellow Littler attorneys Nicole LeFave, James Lee, and Urvi Morolia about leading through community service, non-profits and pro bono organizations that make a difference in their communities.
  

Emily Linn talks with Breanne Martell about the amicus brief she assisted with to seek justice for a neurodiverse individual, Robert Leslie Roberson, who was convicted of murder based on science that has now been debunked.

Our Littler attorneys demonstrate their pro bono commitment by providing significant pro bono efforts to community organizations. These services cover a variety of areas, depending on the interests of individual attorneys. Overall, the firm values, encourages and respects the community-minded and pro bono efforts of our lawyers and staff.
  

Littler’s Anna Curry Gualano is joined by her father, Ashley Curry, to discuss their advocacy work in Alabama to update the traditional accessibility symbol to one that is more inclusive and empowering.
  

Employers that rely on non-compete agreements to protect their trade secrets and other legitimate business interests got some welcome news on August 20.

The Massachusetts Department of Industrial Accidents (DIA) has published a revised workers’ compensation Notice to Employees, which Massachusetts employers should use starting September 16, 2024.

Back in June, we highlighted that, from October 26, 2024, all employers in the UK will have a mandatory duty to take “reasonable steps” to prevent sexual harassment of their employees in the course of their employment.

On September 10, 2024, the Puerto Rico Secretary of Labor issued an Opinion (No. 2024-02) to clarify and provide additional information about the application of Act No. 27-2024, known as the "Act to Facilitate the Implementation of Remote Work in the Private Sector and to Incentivize the Establishment of Airline Bases in Puerto Rico.” Act No. 27-2024 exempts from certain employment law coverage domiciled and non-domiciled employees working remotely from Puerto Rico for out-of-state employers with no business nexus to Puerto Rico, and certain unionized airline employees.  

On September 24, 2024, the Pittsburgh City Council passed a new ordinance prohibiting discrimination against an individual’s status as a medical marijuana patient. Mayor Ed Gainey signed the ordinance the same day, making it effective immediately.

Last fall, California enacted Senate Bill 525, which substantially raises the base minimum wage for health care workers over time to $25 per hour.  The first incremental increase above the general state minimum wage was scheduled to occur on June 1, 2024.  However, there were several delays and amendments to the law due to its impact on the California budget.  After the last delay in late June, health care employers did not have a clear answer t

Kristy Peters shares her legal insight on recent changes in labor and employment laws.

Greater Phoenix In Business Magazine

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After the UK general election was announced, the following legislation was approved by Parliament during what is known as 'the wash-up' period towards the end of May 2024. Some of these require further regulations to bring them into force, and when (or if) they will be brought into force will be largely dependent upon the new government’s priorities and policies. 

Paternity Leave (Bereavement) Act 2024

On July 26, 1990, the Americans with Disabilities Act (ADA) was signed into law. On the recent 34th anniversary of the ADA, U.S. Equal Employment Opportunity Commission (EEOC) General Counsel Karla Gilbride and U.S.

Bradford J. Kelley and Sean O'Brien discuss how, on the 34th anniversary of the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Commission and Justice Department emphasize their commitment to ensuring that emerging technologies and AI comply with ADA standards.

Westlaw Today

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The Truth and Reconciliation Commission of Canada (TRC) was established in 2008 to document the history and legacy of residential schools, which were operated between the late 1800s and the late 1990s by the federal government and Christian churches as part of a federal policy to assimilate Indigenous peoples into Canadian society.

Ole Kristian Olsby and Nina Elisabeth Thjømøe clarify how to actively prevent sexual harassment and unwanted attention in the workplace through a recent Supreme Court ruling.

International Law Office (ILO)

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(March 23, 2021) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that several of its attorneys have been selected for the 2021 Leadership Council on Legal Diversity (LCLD) Fellows and Pathfinders programs and the National Employment Law Council (NELC) Academy.

Helene Wasserman shares her view on how mentorships can positively impact career paths.

The National Law Review

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Report reviews the myriad forces transforming the workplace and formalizes Littler’s Global Workplace Transformation Initiative

An effective way to increase diversity hiring is to require diverse candidate slates for interviewing. Such slates include at least two diverse or women candidates in the pool of finalists. Employers should take heed, however, because there are limits to which a recruiter or a staffing agency can go in building such a slate. Alyesha Dotson discusses the avenues to intentionally recruit for diversity in a fair and smart manner to avoid violating antidiscrimination laws.
  

A properly structured and implemented Affinity Group (AKA Employee Resource Group) is a powerful tool in an employer’s Diversity Equity & Inclusion tool belt. But, unwary employers may risk violating the National Labor Relations Act if they bargain with an Affinity Group. In this month’s podcast, Alyesha Asghar Dotson discusses the do’s and don’ts of interacting with an active Affinity Group within your organization.
  

Jim Paretti shares his opinion on the EEOC’s response to COVID-19 vaccine incentives.

Law360 Employment Authority

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In celebration of Pride Month, Whitney Williams (L.A. – Century City) and Michael Hui (San Francisco) discuss their personal experiences growing up gay in the Black and Asian American communities, what their similar upbringings have taught them about being an attorney, and how the Littler Pride affinity group is an important part of their lives at the firm.