Einhorn v. M.L. Ruberton Construction Co., 2011 WL 182131 (3d Cir., January 21, 2011) – In this case, the plaintiff brought suit under ERISA on behalf of employee benefit funds to recover unpaid contributions allegedly owed by the defendant, which had purchased the prior employer’s assets. The prior employer had been required to make the contributions pursuant to a collective bargaining agreement. The court held that a purchaser of assets may indeed be liable for a seller’s delinquent ERISA contributions to vindicate important federal statutory policy where the buyer had notice of the liability prior to the sale and there exists sufficient evidence of continuity of operations between the buyer and seller. The court said the issue should be decided on a case-by-case basis, balancing the equities between the two sides and mindful of ERISA’s purpose of protecting the benefits promised to employees under existing employment relationships.
On April 14, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced that on April 27, 2015, it will begin reviewing cases filed with a request for premium processing. USCIS previously confirmed completion of the random selection “lottery” process for approximately 233,000 H-1B cases filed between April 1 and April 7, 2015.
OSHA Anticipates More Changes to the Electronic Recordkeeping Rule: What Does It Mean for Employers?
The Trump administration continues to look for ways to lessen the regulatory burden on employers. As a result, the Occupational Safety and Health Administration’s (OSHA) electronic recordkeeping regulation continues to be whittled down. OSHA’s latest Regulatory Agenda sets out new changes to the already beleaguered rule. Specifically, OSHA intends to propose to amend the Electronic Recordkeeping rule to eliminate the requirement that establishments with 250 or more employees submit OSHA 300 Logs and 301 forms. Instead, two types of establishments would continue to submit 300A summary forms: (1) establishments of 250 or more employees; and (2) establishments with between 20 and 249 employees in the high-hazard industries listed in Appendix A to the regulation.
In 2004, Florida voters approved a constitutional amendment that established a statewide minimum wage. The Florida minimum wage applies to all employees in the state who are covered by the federal minimum wage. The Florida minimum wage law requires a new minimum wage calculation each year on September 30. These calculations are based on the percentage increase in the federal Consumer Price Index for Urban Wage Earners and Clerical Workers in the South Region for the 12-month period prior to September 1. If that calculation is higher than the federal rate, Florida’s minimum wage rate takes effect the following January.