By: Elizabeth S. White On January 24, 2022, the United States Supreme Court issued a decision discussing the fiduciary duty of prudence plan administrators must uphold when administering defined contribution plans subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). In this… Read More >
Labor & Employment
SCOTUS Revisits 2015 Tibble Decision to Address Breach of the Duty of Prudence Under ERISA
Biden Administration Signaling More Employee-Friendly Environment
By: Melanie M. Dunajeski At the one-month mark for the Biden Administration, many of the business-friendly policies of the Trump Administration are on the chopping block, with a more “employee-friendly” environment signaled. On Inauguration Day, President Biden signed his “Executive Order on Preventing and… Read More >
Antibody Tests DO NOT Equal COVID-19 Viral Tests: EEOC COVID-19 Guidance Updates
By: Melanie M. Dunajeski Employers everywhere are struggling to bring employees back into the workplace in a way that creates the safest environment for everyone. I wrote last month on EEOC Guidance for bringing higher risk employees back to work [“Returning Higher Risk Employees… Read More >
Supreme Court: Title VII of the Civil Rights Act Protects LGBTQ from Employment Discrimination
By: Melanie M. Dunajeski The question: does Title VII’s prohibition of employment discrimination “because of sex” extend to gay, lesbian, and transgender employees? On June 15, 2020 the Supreme Court answered that question with a resounding “YES” in a 6 to 3 majority opinion… Read More >
Doubling Down on Employer Documentation for the Next Normal
By: Melanie M. Dunajeski Clients who have worked with me over the years know one of my top employer mantras is “Document, Document, Document.” Routine, contemporaneous documentation of attendance, performance, discipline, training/cross-training, and qualifications gives a more complete and more unfiltered picture of an… Read More >
2019 Labor & Employment in Review
By: Melanie Dunajeski Labor and employment issues were front and center in the courts and in administrative agencies during 2019. Here is a sampling of some of the major issues from the last year. (1) SCOTUS hears arguments on whether Title VII prohibits discrimination… Read More >
The New Overtime Exemption Annual Salary Threshold is Here- $35,568
By: Melanie M. Dunajeski Most employers remember with angst the proposed Obama Era rule that would have doubled the salary threshold for the “White Collar” exemptions from overtime under the Fair Labor Standards Act (“FLSA”) from the current $23,660 ($455/week) to $47,476 ($913/week). That… Read More >