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Archive by tag: Hodgson Russ LLPReturn

Incorrect Benefit Estimate not a Breach of Fiduciary Duty

A Bank of America employee sued a Bank of America Pension Plan for breach of fiduciary duty because a benefit estimate was incorrect. The estimate included years of service for which the employee had previously received a distribution of that related...By: Hodgson Russ LLP
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Hodgson Russ LLP | Aug 05,2019 |

Plaintiffs Win Early Battle in New Wave of Pension Litigation Over Actuarial Equivalence

A number of prominent companies that sponsor defined benefit pension plans are having to defend lawsuits commenced in the past several months that allege that the actuarial assumptions used to determine optional forms of benefit or early retirement...By: Hodgson Russ LLP
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Hodgson Russ LLP | Aug 05,2019 |

Employer Unable to Offset Voluntary Payments against Withdrawal Liability through Court Action

Dominick’s Finer Foods was a contributing employer to the UFCW Unions and Employers Midwest Pension Fund.  Pursuant to collective bargaining agreements in effect from 2008 to 2012, Dominick’s agreed to make additional voluntary payments to the Fund....By: Hodgson Russ LLP
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Hodgson Russ LLP | Aug 02,2019 |

New York Prohibits Hair Discrimination in the Workplace and in Schools

New York has now become the second state to ban “hair discrimination” in the workplace and in schools.  On July 12, Governor Cuomo signed a bill to prohibit discriminatory treatment based on an individual’s hairstyle or hair texture.  According to...By: Hodgson Russ LLP
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Hodgson Russ LLP | Jul 26,2019 |

Final Regs Expand Opportunities for Employers to Offer Account-Based Group Health Plans

On June 13, 2019, the Internal Revenue Service, U.S. Department of Labor, and U.S. Department of Health and Human Services (“Agencies”) issued final regulations (see source reference at the end of this alert) expanding opportunities for employers of...By: Hodgson Russ LLP
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Hodgson Russ LLP | Jul 23,2019 |

Big Changes to Equal Pay Laws in New York

Among the sweeping changes to workplace law passed by the New York legislature this session is a dramatic expansion to the law prohibiting pay discrimination. The new legislation also substantially reduces the standard for establishing that unlawful...By: Hodgson Russ LLP
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Hodgson Russ LLP | Jul 18,2019 |

New York State Legislature Passes Broad Overhaul of Workplace Harassment & Discrimination Protections

On the heels of last year’s expansive legislative action directed at sexual harassment, the New York State Legislature has passed an even broader overhaul of the protections governing workplace harassment and discrimination....By: Hodgson Russ LLP
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Hodgson Russ LLP | Jul 03,2019 |

Corporation Partially Owned by ESOP Denied Deduction for Compensation Payments to ESOP Participants

A recent case in the Tenth Circuit Court of Appeals addresses the intersection of Employee Stock Ownership Plans (“ESOPs”) and the rules under Section 267 of the Internal Revenue Code related to the timing of deductions for payments to a related...By: Hodgson Russ LLP
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Hodgson Russ LLP | Jul 01,2019 |

New York Legislature Passes Salary History Inquiry and Use Ban

The New York State Legislature just passed sweeping legislation that would strictly limit the ability of employers to ask for or rely on an applicant’s wage or salary history....By: Hodgson Russ LLP
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Hodgson Russ LLP | Jun 26,2019 |
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