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Prepare Your Workplace: New York City Sick Time Law Expands Next Month

"Amendments to the New York City Earned Safe and Sick Time Act and the Temporary Schedule Change Law will require employers to provide additional unpaid sick/safe time and expand the reasons for which sick/safe time can be used, while dialing back employers' temporary schedule change obligations. Ahead of the February 22, 2026 effective date, employers should update their policies and practices to ensure compliance with the new requirements."

DOL Launches Public Service Campaign to Promote Workers' Rights to Paid Sick Leave, Safe Workplaces and Lawful Pay

"WHD's campaign uses public service announcements in English and Spanish to provide employers and employees information about the new paid sick leave and expanded family and medical leave benefits available under the [FFCRA]. The campaign will also feature short educational videos, digital guides, stakeholder outreach, and social media to educate workers about their rights and encourage them to contact WHD with their workplace concerns. Announcements will run on local radio and television stations and on popular social media platforms."

Proskauer ERISA Litigation Newsletter, June 2012

"This [newsletter] examines the state of the law on two important areas of ERISA litigation -- contractual vesting of retiree medical claims and the exhaustion requirement. First, we examine the evolution of the Sixth Circuit's 'inference,' as articulated in Auto Workers v. Yard-Man, Inc., that an employer intended to provide retirees with lifetime benefits unless the language of the collective bargaining agreement provides otherwise. The case law over the past several years suggests a desire by at least some judges in the Sixth Circuit to find ways to pare back the application of this inference. Next, we discuss how the Supreme Court's decision in Conkright v. Frommert may provide a basis for moving the law in a helpful direction for plans seeking to rely on the exhaustion defense."

New Mexico's Healthy Workplaces Act Brings Paid Sick and Safe Time Law to the Land of Enchantment

"The law will apply to all private employers and to all employees except employees subject to either Title II (air carriers) of the federal Railway Labor Act (RLA) or the federal Railroad Unemployment Insurance Act (RUIA). While the law does not apply to independent contractors, it expressly prohibits independent contractor misclassification and provides a sick-leave-related cause of action and damages for misclassifying workers."

The Tale of the Tape: Healthcare Reform Law Reaching the Workplace

As employers have begun to implement the reporting mandate numerous questions have arisen about the scope of the requirement, what type of plans must be reported, how to account for a change in employment orcoverage status and how to calculate the reportable cost.

Proskauer ERISA Litigation Newsletter, October 2012

"[This issue discusses] the issues involved in whether and when arbitration may apply to ERISA claims and whether an employer or fiduciary may wish to require arbitration. [Recent court rulings] could permit plan sponsors to avoid defending class action ERISA claims in federal court by conditioning employment on arbitration agreements, as well as avoid classwide arbitration. However ... the recent case law applying the Supreme Court rulings in employment claims appears to suggest that some courts may look to find means to distinguish ERISA claims and thereby preclude the use of arbitration clauses in this manner."

Proskauer ERISA Litigation Newsletter, September 2012

"[This issue examines] the application of ERISA pre-emption to state-law misrepresentation claims by medical providers against ERISA plans or their insurers. The Fifth Circuit, which has issued several of the leading appellate decisions on ERISA pre-emption of provider claims, recently granted en banc review of such a claim in the Access Mediquip case. Oral argument is set for September 19, and the en banc ruling will likely have wide-ranging implications regarding the scope of ERISA pre-emption in the context of medical-provider claims."

Paid Family and Medical Leave Benefits Become Available in Massachusetts on January 1: Is Your Workplace Ready?

"By now, you have notified your workforce about benefits and contributions, displayed a poster informing them of the same, determined the size of your workforce and who is a 'covered individual,' begun making deductions on behalf of eligible employees or applied for a private plan exemption, and more.... [On] January 1st, 2021, employees will become eligible to take leave under the PFML. Employers can prepare by consulting with counsel regarding your obligations, updating employee handbooks, and reviewing the types of leave your employees may be eligible to take."

Proskauer ERISA Litigation Newsletter, July 2013

"[T]he U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the plan document when claims for benefits accrue. The decision may have significant implications for defending benefit claims based on a statute of limitations defense depending on the scope of the Court's ruling.... [A second article] discusses various benefit issues in Puerto Rico. In particular, ... the impact of the [ACA], ERISA and the PBGC."

Proskauer ERISA Litigation Newsletter, May 2013

Articles include: [1] U.S. Supreme Court Provides Defendants With More Ammunition for Defeating Class Certification by Requiring Classwide Proof of Damages; [2] District Court Limits the Collection of Withdrawal Liability Against Private Equity Funds; [3] Monetary Damages Potentially Available For Inadequate Disclosure; [4] U.S. Supreme Court Rules That Plan Terms Trump Equitable Defense; and [5] U.S. Supreme Court Agrees To Hear Case On ERISA Statute of Limitations.

Proskauer ERISA Litigation Newsletter, April 2013

"The importance of clear and unambiguous plan language cannot be overstated. The Second Circuit recently applied this well-established principle to conclude that a plan's administrative claims process must clearly state all of the types of claims that must be exhausted in order to prevent participants and beneficiaries from proceeding directly to court."

Proskauer ERISA Litigation Newsletter, March 2013

"This [issue of the newsletter] addresses the First Circuit's decision in Colby v. Union Sec. Ins. Co., which held that a risk of relapsing into drug addition can constitute a current disability, absent unambiguous plan language. This decision is directly at odds with a previous Fourth Circuit decision ... [This] article discusses the distinctions between the two cases as well as how to avoid this type of plan language pitfall."

Proskauer ERISA Litigation Newsletter, January 2013

Includes articles discussing: "[1] the role of expert evidence in class certification issues arising in ERISA litigations, and identifies particular areas where the Comcast ruling may have significant implications for ERISA practitioners.... [2] cost-control strategies for employers as they struggle with retiree-medical expenditures in the era of the ACA ... with practical advice for employers hoping to reduce retiree-medical costs while minimizing abrupt changes to coverage."

Proskauer ERISA Litigation Newsletter, December 2012

"[This edition explores] the arguments asserted by the parties in U.S. Airways v. McCutchen as to whether, and under what circumstances, plans may enforce provisions entitling them to reimbursement of previously paid medical benefits where the participant obtains a recovery from another source."

Proskauer ERISA Litigation Newsletter, November 2012

"[The] lead article reviews the recent decision in Janese v. Fay, in which the Second Circuit held that the trustees of multiemployer plans act in a non-fiduciary capacity when amending the plans they administer.... [The] second article looks at the impact of the [ACA] on benefits claims under ERISA ... [and] considers two open issues that are likely to result in litigation: the fiduciary status of independent review organizations (IROs) established by the ACA, and the standard of judicial review applicable to those IROs."

Proskauer ERISA Litigation Newsletter, August 2012

"[The lead article analyzes] whether an employer's failure to satisfy ACA's new coverage requirements may lead to 'planwide' -- hence potential classwide -- litigation within ERISA's remedial framework, and offer[s] some thoughts on potential defenses and strategies to minimize exposure to such lawsuits."

Proskauer Rose ERISA Litigation Newsletter, July 2012

"[T]he authors examine the risks and exposures that employers may face in adjusting their programs to the new requirements imposed by the [ACA]. The authors also examine the litigation risks and potential causes of action that may arise in the wake of the [ACA]'s implementation. [A] second article examines deferred-compensation arrangements. Using recent judicial decisions as a guide, the author considers ERISA's relationship with deferred-compensation programs and ERISA's impact on disputes involving benefits payable under those programs. The author concludes with suggestions for employers considering such arrangements as part of their compensation programs."

Proskauer ERISA Litigation Newsletter, May 2012

Articles include: Health Care Reform Remains Alive and Well as DOL Enforces ACA through Plan Audits; Class Warfare -- ERISA Class Litigation in Light of Wal-Mart v. Dukes; and Rulings, Filings, and Settlements of Interest.

Proskauer's ERISA Litigation Newsletter, April 2012

Articles include: Ninth Circuit Issues Significant Post-Amara Ruling on Equitable Remedies; Limiting ERISA's Limitations Period through the Use of Contractual Accrual Dates; and Rulings, Filings, and Settlements of Interest.

Proskauer ERISA Litigation Newsletter, November 2011

"[W]e review the [DOL's] decision to re-propose a controversial regulation expanding the definition of an ERISA fiduciary.... [Additional commentary addresses] high deductible health plan/health savings account re-design and planning for open enrollment; the constitutionality of the individual mandate under the [ACA] ... the Supreme Court's Decision in CIGNA Corp. v. Amara ... and reconciling obligations relating to the production of documents under ERISA Section 104(b)(4) versus the claims regulation[.]"