In early December, the country’s largest rail carriers announced they would begin providing health benefits to their employees and their same-sex spouses starting January 1. This announcement was released even though the lawsuit, which was filed just one day earlier in Seattle’s District Court, is still ongoing. In the lawsuit, two employees of BNSF Railway… Read More
Posts Categorized In: Employment Benefits
New Website Lifts the Veil on Employee Salaries and Evaluations
The creator of Zillow.com has launched a new website where propective employees can research salaries and employee evaluations at various companies. No doubt the data on this site will grow and become a good resource as more users contribute over time. For the launch, the site has data on salaries and review information for Google, Yahoo, Microsoft,… Read More
Supreme Court Considers Another Case On ERISA Remedies
As noted below, on February 20, the U.S. Supreme Court clarified a remedy issue under ERISA. Employees can sue under ERISA Section 502(a)(2) for fiduciary breaches that impair the value of assets in a 401(k) account. Last week, the Supreme Court signaled that it may now address the issue of what constitutes “equitable relief” under… Read More
Court: Disability Benefit Plan Can Require Objective Evidence of Disability
ERISA disability benefit plans commonly require objective medical evidence of disability. This can be a difficult hurdle for claimants who believe they are disabled by conditions that cannot be evaluated by objective evidence. In one recent case, for example, the employee argued that she was disabled because of severe debilitating migraines, but that it was… Read More
ERISA Case Addresses Health Coverage for Eating Disorders
An interesting ERISA class action addresses whether treatment for an eating disorder should be covered by an employer health plan. The case addresses an Aetna health plan that limited coverage for “nonbiologically based mental illnesses.” An article about the case can be found here.
More Workers Collecting Disability Benefits
Human Resource Executive Online has an interesting article here on recent increases in the number of disability benefits claims filed each year. The duration of disability claims is increasing too. A 35-year-old, white-collar male today who suffers a disability lasting 90 days or longer will be out of work an average of about six years.
$4 Million Award to Former Executive in Non-Compete Dispute
I wrote a few words below about non-compete agreements and their proliferation. Now comes a story about a company that must pay $4 Million for denying compensation to an executive who refused to sign a non-compete agreement. Articles about the case can be found here and here. In this particular situation, the employer (H&R Block)… Read More
Wage Claims Can Go Forward Where Employer Failed to Pay Under Settlement Agreement
A new published case from the Washington Court of Appeals addresses the proper remedy when an employer fails to pay under a settlement agreement. The case is Rosen v. Ascentry Technologies, Inc. and can be found here. In this case, Rosen sued Ascentry for breach of contract and unpaid wages. Ascentry agreed to settle the… Read More
Supreme Court Agrees to Hear 3 More Employment Cases
The Supreme Court agreed to review three more employment cases addressing: (1) whether an arbitration clause in a collective bargaining agreement can apply to statutory issues as well as contract issues; (2) whether a union may charge non-union members for litigation costs expended on behalf of the union members; and (3) how a divorcing spouse… Read More
Split Decision in Litigation Over CIGNA Cash Balance Pension Plan
Those following employee benefits litigation know that there have been hundreds of cases filed over the trend by companies to convert their traditional, defined benefit pension plans to cash balance plans. Another ruling was issued late last week in a class action case involving a plan conversion by CIGNA. The judge summarized the background the… Read More