Search the News Archive

Seyfarth Shaw's Annual Workplace Class Action Litigation Report (PDF)

17 pages. Excerpt: The 664-page Report, the seventh annual edition, is the most comprehensive analysis of workplace-related class actions in the U.S. It examines 848 decisions rendered in 2010 against employers in state and federal courts, including private plaintiff and government enforcement actions.

Increase Predicted for 2010 Workplace Litigation by Report from Seyfarth Shaw

Post-Amara: Are Contribution or Indemnification Among Co-Fiduciaries Available Under ERISA?

[Editor's note: BenefitsLink included this article in yesterday's newsletter but our headline was incorrect, as was a summary we wrote. The article explained that a federal district court in the Eleventh Circuit has ruled that a right of contribution or indemnification exists among co-fiduciaries, but our headline and summary said the opposite. We apologize to readers and to the Seyfarth Shaw firm for this error.] Excerpt: "The court ... discussed whether such relief was available under the trust law principles that were the foundation of ERISA. The court held that the Eleventh Circuit has accepted those trust law underpinnings and thus would follow the approach laid out by the Second Circuit in Chemung Canal Trust Co. v. Sovran Bank/Maryland [in which] the Second Circuit held that an action for contribution and indemnity represented a 'fundamental principle of equity jurisprudence' and provided a means for 'equitably distributing responsibility for plaintiff's losses proportionally among those responsible for the losses'; accordingly, such an action was included in the federal common law of ERISA." [Guididas v. Community National Bank Corp., No. 8:11-cv-2545-T-30TBM (M.D. Fla., 11/5/2012)]

Recent Developments Related to the Emergency Economic Stabilization Act of 2008 (PDF)

13 pages. Excerpt: On October 6, 2008, Seyfarth Shaw LLP provided a Management Alert to clients and friends of the firm detailing generally the provisions of the Act (the 'Original Alert'). Since such time, there have been a number of developments that have reshaped or clarified the way in which certain provisions of the Act will be implemented. For your convenience, set forth below is a summary of these recent developments and this Alert acts as a supplement to the Original Alert.

2026 Massachusetts Paid Family and Medical Leave Updates

"Effective January 1, 2026, the Massachusetts Department of Family and Medical Leave (DFML) announced an increase to the maximum weekly Massachusetts Paid Family Medical Leave (PFML) benefit.... In addition, the DFML has issued a memo regarding IRS Revenue Ruling 2025-4 which addresses the tax treatment of state paid family and medical leave benefits."

New York City Expands Paid Safe & Sick Time Benefits

"The impending amendments make a variety of substantive changes to ESSTA, including: [1] expanding reasons for use; [2] adding unpaid leave entitlement; [3] formally codifying Paid Prenatal Leave ... and [4] modifications of collective bargaining provisions. In addition, the amendments will bring changes to the separate New York City Temporary Schedule Change Law."

Time to Catch-Up (Again!): IRS Finalizes Catch-Up Regulations

"These Final Regulations provide comprehensive guidance for retirement plan sponsors and administrators, clarifying operational requirements and correction methods for contributions subject to the Roth Catch-Up Requirement, as well as the enhanced super catch-up contribution limits. [This article provides] answers to some of those lingering questions and significant changes in the Final Regulations[.]"

Nebraska Paid Sick Time Law Now in Effect

"As of ... October 1, 2025, Nebraska employers must allow employees to earn and use up to 40 or 56 hours of paid sick time per benefit year, depending on employer size.... [O]ver the last four months Nebraska ... [has seen] amendments to the statute, multiple rounds of FAQs ... a separate 'guidance document' ... model posters and notices, and a revamped website."

PAID Back: DOL Revives Voluntary Self-Audit Program, Extends it to FMLA Issues

"The [DOL] has officially revived its Payroll Audit Independent Determination (PAID) program ...[which] aims to encourage employers to self-identify and correct compliance issues under the FLSA and FMLA.... For employers, the program provides a potential avenue to correct mistakes without inviting the threat of fines, litigation, or plaintiffs' attorney fees (though ... not all exposure necessarily disappears).... The revived PAID program includes several enhancements and limitations[.]"

The One Big Beautiful Bill's Impact on Employee Benefits

"[T]he OBBB expands access to and eligible expenses payable from Health Savings Accounts (HSAs), solidifies first dollar coverage for telehealth under high-deductible health plans (HDHPs), and permanently increases the annual contribution limit for dependent care flexible spending accounts (FSAs) for the first time since 1986.... This legal update provides an overview of the OBBB's employee benefits provisions and any actions that employers need to take for their employee benefit plans now or in the future."