In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target sponsoring employers and individuals who oversee plan investments and plan fees for employer-sponsored 401(k) plans.
A recent article proclaimed a truth that manufacturers in all industry sectors know all too well: “You can’t build jets working from home.” As law offices, financial services firms, and tech companies close their doors and require employees to “work from home,” manufacturers face the reality that manufacturing requires employees to work on site. There is no factory production work from home. Intermittent leave under the Family and Medical Leave Act and workers’ compensation absences are hard enough to manage in the ordinary course of business. But the challenge to staff a factory becomes much more daunting every day during this COVID-19 pandemic, with emphasis on self-quarantine, social distancing, and avoiding groups of as few as 10 people.
Employers, you see this movie all too often. You tolerate, and then ultimately discharge, a poor-performing employee who displays a bad attitude. Unfortunately, supervisors have not documented the employee’s prior instances of insubordinate and adversarial behavior. In addition, he hurt himself on the job, filed a workers’ compensation claim, and presented medical restrictions. In his mind, he cannot believe that he was the problem. So he sues, alleging that you failed to accommodate his disability and unlawfully terminated his employment.
On May 7, 2019, the National Labor Relations Board issued a decision that will be welcomed by employers desiring to maintain differences in the benefits provided to their union and nonunion employees.
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
On January 25, 2019, the National Labor Relations Board issued a decision friendly to businesses—particularly those operating in the gig economy.
On January 11, 2019, the National Labor Relations Board issued an employer-friendly decision in Alstate Maintenance LLC, 367 NLRB 68 (2019), narrowing the scope of protection for employee complaints.
On February 20, 2018, the Supreme Court of the United States tackled another controversy from the Sixth Circuit Court of Appeals regarding whether retiree medical benefits enjoyed by individuals who retired while a collective bargaining agreement (CBA) was in effect must be continued by the employer even after the expiration of the labor contract that created the benefits. Once again, the Supreme Court reversed the Sixth Circuit in ruling that the CBA at issue did not clearly obligate the employer to provide retiree medical benefits indefinitely.