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.
With the abundance of college graduates scrambling for too few paid jobs, many employers are nabbing them for unpaid internships—hoping to keep this talent until paid positions become available. But employers need to be careful with this approach so as not to run afoul of the federal minimum wage and…..
In handing down the first decisions of their kind, a federal district court in New York rejected two plaintiffs’ claims that retailers, restaurants, and other places of public accommodation were required to offer Braille gift cards to visually impaired customers. Although the court gave the plaintiffs leave to amend their complaints, the reasoning of the decisions soundly rejected the theories advanced by a group of plaintiffs and their lawyers in 249 nearly identical cases filed in the fall of 2019.
On July 30, 2019, the California Division of Occupational Safety and Health (Cal/OSHA) announced that its “emergency regulation requiring employers to protect workers from hazards associated with wildfire smoke is now in effect, following its approval yesterday by the [California] Office of Administrative Law.”