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Actual Knowledge Means Actual Knowledge: The U.S. Supreme Court Resolves Circuit Split over ERISA’s Statute of Limitations for Fiduciary Breaches

In its February 26, 2020, unanimous decision in Intel Corporation Investment Policy Committee v. Sulyma, the United States Supreme Court resolved a circuit split regarding what constitutes “actual knowledge” for purposes of triggering ERISA’s...By: Faegre Drinker Biddle & Reath LLP
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For Maine Employers, Brady Watch Takes an Interesting Turn

Is Brady staying or going? Maine employers recently got a highly suggestive indication that he may be on his way out. Brady has been confusing defenses for years, so if he’s gone, that may be a good thing, if it’s actually true. The reason: he’s...By: Pierce Atwood LLP
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Pierce Atwood LLP | Mar 04,2020 |

Pittsburgh Paid Sick Days Act Going Into Effect Amidst Uncertainty

On March 15, 2020, the long-awaited Paid Sick Days Act of the City of Pittsburgh (the Act) will go into effect. Originally enacted by the city in 2015, it took a 2019 decision of the state Supreme Court to re-define the authority of a home-rule...By: Cozen O'Connor
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Cozen O'Connor | Mar 04,2020 |

Intent Matters in Asserting Whistleblower Retaliation Under the Federal Railroad Safety Act

In Dakota, Minnesota and Eastern Railroad Corp. v. the Department of Labor, No. 18-2888 (8th Cir. Jan. 30, 2020), a case under the Federal Railroad Safety Act (FRSA), the Eighth Circuit reasserted that claimants must prove intentional discrimination...By: Littler
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Littler | Mar 04,2020 |

Arizona Employers and the Coronavirus: How to Prepare if COVID-19 Is Declared a Public Health Emergency

Since February 2020, the spread of COVID-19 (commonly referred to as the coronavirus) has morphed into an expanding health emergency in the United States. While efforts to sufficiently stem the adverse effects of the virus to escape the mass...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Coronavirus alert for employers: It’s about facts over fear, planning over panic

As the COVID-19 Coronavirus problem grows, employers will face increasing challenges on a variety of workplace issues. Health experts anticipate travel restrictions, business closings, suspension of schools, and widespread employee absences will...By: McAfee & Taft
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McAfee & Taft | Mar 04,2020 |

How to Manage Staff During the Coronavirus. Recommendations for HR from a French Perspective

As the Coronavirus spreads on a worldwide level, employers have started to put into place certain measures group-wide, to limit risks of contagion, such as forbidding travel to certain countries (mainland China, South Korea, Northern Italy, Iran and...By: Bryan Cave Leighton Paisner
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Bryan Cave Leighton Paisner | Mar 04,2020 |

Supreme Court Rejects Shorter Statute of Limitations in ERISA Case

The Supreme Court in Intel Corporation Investment Policy Committee et al. v. Sulyma, case No. 18–1116, significantly narrowed the circumstances in which a three-year statute of limitations would apply to a claim for breach of fiduciary duty under...By: Kramer Levin Naftalis & Frankel LLP
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Gig Workers in New Jersey May Soon Have Benefits

A New Jersey lawmaker recently took a big step towards creating a system of benefits for gig economy workers. New Jersey State Senator Troy Singletary introduced Senate Bill 943 which, if enacted, would “establish a system for portable benefits for...By: Fisher Phillips
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Fisher Phillips | Mar 04,2020 |

Vacation Time: Colorado Employees Still Cannot “Use It or Lose It”

In December 2019, the Colorado Department of Labor and Employment, Division of Labor Standards and Statistics, issued a final rule clarifying the statutory prohibition on “use it or lose it” vacation time payouts. This rule, 7 CCR 1103-7 2.15, begins...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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