Archive for the ‘Employment Law’ Category
Firm Victory for Vandegrift Forwarding Company, Inc.
Reavis Parent Lehrer LLP won a significant victory on behalf of its client Vandegrift Forwarding Company, Inc. (“Vandegrift”) when Judge Dora Irizarry of the United States District Court for the Eastern District of New York dismissed a complaint asserting claims under the federal Employee Retirement Income Security Act, commonly known as ERISA. A copy of the Decision in Gabelman v. Vandegrift Forward Company, No. 1:11-cv-02718, 2012 WL 1004872 can be accessed here.
At issue in Gabelman was a “Salary Continuation Agreement” between Vandegrift and its employee William Gabelman, under which certain payments over time would be made to Gabelman if he remained continuously employed by the Company through retirement at age sixty-five. Before that date, however, Gabelman was terminated for cause.
Gabelman sued in federal court, asserting that his agreement was an ERISA “plan” subject to the rights, obligations and remedies under ERISA. The firm moved to dismiss on the ground that the agreement was not an ERISA plan, but rather a simple contract subject to state contract law. ERISA is designed to regulate how employee benefit and retirement plans are administered; however, an agreement is governed by ERISA only where it involves a plan that includes an ongoing administrative scheme with significant management discretion. As we demonstrated and Judge Irizarry agreed, in this case an agreement involving a single employee, with payments in a liquidated amounts payable upon the happening of a clearly defined event, did not involve the ongoing administration, discretion and oversight needed to qualify as an ERISA plan.
The Firm’s representation was led by Litigation Partner Larry Brocchini, who, with Litigation Partners Mark Moore and Alice Jump, regularly counsels on and litigates employment matters on behalf of companies and individuals. Because employee benefit and post-employment arrangements may unknowingly fall within ERISA, employers should consult counsel before entering into such agreements. The Firm’s employment group, lead by Senior Partner Helen D. “Heidi” Reavis, regularly counsels employees and employers on compliance and regulatory matters, including ERISA.
Proposed Rulemaking concerning Minimum Wage and Overtime
The U.S. Department of Labor published a notice of proposed rulemaking today concerning the extension of minimum wage and overtime protections to almost two million caretakers who provide in-home care services to the infirm and elderly. Members of the public may comment on the notice of proposed rulemaking at www.regulations.gov beginning December 27, 2011, and ending on February 27, 2012.
The companionship and live-in worker regulations under the Fair Labor Standards Act will be revised under the proposal so that the tasks that may be performed by an exempt companion are more clearly defined and the companionship exemption is limited to companions employed only by the family or household using the services. Under the proposal, third party employers (such as in-home care staffing agencies) will not be able to claim companionship or overtime exemptions for live-in domestic workers, regardless of whether the live-in domestic worker is employed by the third party employer alone or employed jointly by the third party employer and the family or household. For additional information please click here.
The Worker Identity Crisis
In the July/August 2011 issue of ‘The Financial Manager’, RPL partner Nicole Page published an article titled, “The Worker Identity Crisis.” In the article, Ms. Page provides information and advice on the current state and federal guidelines in classifying workers. Government agencies at both the state and federal level are cracking down on worker misclassification and this article helps employers understand and navigate the new legal minefield. ‘The Financial Manager’ is published by the Media Financial Management Association (MFM), a non-profit association providing advice to business and financial executives in the media industry.
View the Article now:
“The Worker Identity Crisis“
The U.S. DoL’s “Timely” Offer
The U.S. Department of Labor has announced the availability of a Smartphone application designed to help workers keep track of their work hours and the amount of wages they are owed. Compatible with the iPhone and iPod Touch, this free application (which is available in English and Spanish) helps users to track regular work hours, break time and overtime. According to the U.S. Department of Labor press release, “This new technology is significant because, instead of relying on their employers’ records, workers now can keep their own records. This information could prove invaluable during a Wage and Hour Division investigation when an employer has failed to maintain accurate employment records.” The application can be downloaded from the U.S. Department of Labor website at http://www.dol.gov/whd.
RPL Partner Teaches Fordham Seminar
RPL Partner Helen D. (“Heidi”) Reavis is teaching a seminar at Fordham University School of Law this semester titled Sexuality and the Law. With an emphasis on constitutional doctrines, including equal protection, due process/privacy, and freedom of speech and association, the seminar addresses how legal rights, protections, and deprivations based on sexual orientation and sexual identification have evolved in a number of contexts including employment, education, marriage, sexual expression, family relationships and the military.
Final Regulations Implementing the ADAAA
The U.S. Equal Employment Opportunity Commission (“EEOC”) has announced final regulations to implement the ADA Amendments Act (“ADAAA”). As explained in the EEOC’s press release, “[T]he regulations are designed to simplify the determination of who has a ‘disability’ and make it easier for people to establish that they are protected by the Americans with Disabilities Act.” The regulations can be viewed on the Federal Register website and additional information concerning the regulations and the ADAAA can be viewed on the EEOC website.
RPL Partner Contributes to Supreme Court Amicus Brief
On March 1, 2011, the National Women’s Law Center and the American Civil Liberties Union, joined by the Women’s City Club of New York and 31 other organizations, filed an amicus brief in the U.S. Supreme Court in the case, WAL-MART STORES, INC. v. BETTY DUKES, et al., in support of a class of current and former women employees of Wal-Mart. Known as Dukes, this case is the largest employment discrimination class action brought in the history of the United States and has far-reaching implications for the law in this area. RPL Partner Helen D. (“Heidi”) Reavis prepared the contributions to the amicus brief on behalf of the Women’s City Club.
ADA Alert for Small Business Owners
Regulations implementing the Americans with Disabilities Act have been revised by the U.S. Department of Justice with an effective date of March 15, 2011. The U.S. Department of Justice has released a handy guide to assist business owners in understanding how the regulations apply to them: ADA Update: A Primer for Small Business.
Media Triple-Threat: TV, Web and Radio!
RPL client Jill Schlesinger, Anchor and Editor-at-Large for www.CBSMoneyWatch.com and frequent financial commentator on CBS News and CBS Early Show is hitting the air waves with her new syndicated call-in radio show on CBS entitled, “Jill on Money.” Look for a follow up announcement by RPL attorney Deena R. Merlen about air times and markets for Jill’s new radio show. Congratulations Jill!
To W2 or Not to W2
In this February 10, 2011 seminar, moderated by RPL attorney Nicole Page and hosted by New York Women in Film and Television (NYWIFT), employment law practitioners help demystify the field of entertainment. They’ll address such crucial issues as worker classification, employment and independent contractor agreements, termination of employment, separation agreements and more.
RPL’s Helen D. (“Heidi”) Reavis, is also among the panelists for this event. The event will take place at NYWIFT’s office starting at 6:30 PM on February 10, 2011. Open to NYWIFT members ONLY.
View the details of the event and how to register below:
http://www.nywift.org/article.aspx?id=2805