Speakers: Kathleen C. Slaught, Brad Perkins, and Ryan Tikker
About the Program: While the ERISA legal landscape changes constantly, one thing is certain – California remains a harbinger of litigation trends soon to spread nationwide. From the statutes and laws under which ERISA cases are brought to novel venue shopping tactics, employers across the US watch California as
Continue Reading California Leads the Way
By Kimberly Shen and Sam M. Schwartz-Fenwick
Seyfarth Synopsis: The Second Circuit recently ruled that an ERISA plan’s arbitration provision was not enforceable because the provision barred plan-wide relief. Cedeno v. Sasson, 2024 WL 1895053 (2d Cir. May 1, 2024). The Court decision highlights the unsettled nature of the law surrounding ERISA arbitration provisions.
It is every
Continue Reading Second Circuit Holds that Plan Arbitration Provisions that Force Plaintiff to Surrender Statutory Right To Plan-Wide Relief Are Unenforceable
By Diane Dygert
Seyfarth Synopsis: In 2024, we commemorate a significant milestone in the landscape of employee benefits law: the 50th Anniversary of the Employee Retirement Income Security Act (ERISA). Enacted on Labor Day in 1974 by President Gerald Ford, ERISA has since served as a cornerstone in safeguarding the retirement and welfare benefits of American workers.
Here at
Continue Reading Celebrating 50 Years of ERISA: A Seyfarth Employee Benefits JourneyBy Benjamin J. Conley, Erin Dougherty Foley, Sam Schwartz-Fenwick, Megan E. Troy, Kaley M. Ventura
Seyfarth Synopsis: Join us for our second Chicago Labor & Employment Breakfast Briefing of the year, “ERISA in 2019: What Employers Need To Know”.
Please join our interactive panel for an exciting high level discussion which will dive into the ERISA based issues that
Continue Reading Breakfast Briefing – ERISA in 2019: What Employers Need To Know
By Paul Galligan, Gena B. Usenheimer, and Meredith-Anne Berger
S
eyfarth Synopsis: Three Republicans from the House of Representatives hailing from states with paid family and sick leave laws have sponsored the Workflex in the 21st Century Act, signaling increasing frustration with the complexities of multi-state compliance. Representatives Mimi Walters of California, Elise Stefanik of New
Continue Reading Proposed National Paid Leave and Flexible Work Options Law Will Preempt State Leave Laws
By Mark Casciari and Meredith-Anne Berger
Seyfarth Synopsis: The 2016 elections had the effect of hardening the Red-Blue divide in the country. A number of Blue cities in Red States are enacting ordinances that implement the progressive political agenda, which of course includes pay equity. Be prepared to see that the Red states in which they lie may attempt to
Continue Reading Red State Preemption Of Local Pay Equity Laws? — Stay Tuned
In the fourth installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Montanile addresses issues near and dear to every employer’s heart – ERISA plans and the reimbursement/recoupment of plan funds. For those readers who manage and worry about these plans and issues, read on!
Supreme Court To Decide What
By Sam Schwartz-Fenwick and Amanda Sonneborn
In last week’s oral argument on the constitutionality of same-sex marriage bans, Chief Justice Roberts asked the following question:
Counsel, I’m not sure it’s necessary to get into sexual orientation to resolve the case. I mean, if Sue loves Joe and Tom loves Joe, Sue can marry him and Tom can’t. And the difference
Continue Reading Same-Sex Marriage Bans As Sex Discrimination: The Potential Impact On Plan Sponsors And Employers
By Lynn Kappelman, Laura Maechtlen, Sam Schwartz-Fenwick and Michael Stevens
Background
Today, the U.S. Supreme Court heard oral argument on two questions regarding the Constitutionality of state laws limiting marriage to opposite-sex couples. In 2013, the Supreme Court side-stepped the issue when it dismissed Perry v Hollingsworth on standing grounds. In 2013, the Court also ruled in United
Continue Reading The Supreme Court Weighs The Constitutionality Of Restricting Marriage To Opposite Sex Couples, And The Impact Their Decision May Have For Employers
By: Sara Eber
Following a term with many employment-related decisions—and with outcomes emphatically pro-employer—the United States Supreme Court will hear the first oral arguments of its 2013-2014 term, which are currently scheduled to begin on October 7, 2013.
The docket will again feature several cases with significant implications for employers, including issues affecting the Employee Retirement Income Security Act, the
Continue Reading Continuing the Pro-Employer Trend? What to Watch In the Supreme Court’s 2013/2014 Term