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In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. In the past, courts have taken the contrary position that the federal employee benefits law only […]
Suppose an employee files a discrimination lawsuit against you, claiming she was let go in a reduction in force because of her age. To help prove her case, she wants to paint a picture of a corporate culture of age bias. She plans to do this by introducing testimony from former co-workers who also claim […]
In a unanimous decision favorable to employees, the U.S. Supreme Court recently ruled that individual 401(k) plan participants can sue plan administrators under the federal Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty. James LaRue had initiated the lawsuit after his employer failed to follow his investment instructions, which he said resulted […]
As of press time, the U.S. Supreme Court was set to rule on a case that could redefine the claims and remedies allowed under the federal Employee Retirement Income Security Act (ERISA). The lawsuit arose after a 401(k) plan participant asked the plan administrator, which was his employer, to change his elections. The participant claimed […]
The U.S. Supreme Court has ruled on the definition of a “charge” of age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employee is required to file a “charge” with the U.S. Equal Employment Opportunity Commission (EEOC) before the dispute is escalated to court. But the term “charge” is not […]
The U.S. Supreme Court has handed down an important new ruling that could open the floodgates for claims by employees charging that their employers mishandled retirement accounts. The new case involved James LaRue, who filed a lawsuit under ERISA—the federal law that governs employee benefits—claiming that his employer’s failure to follow his investment directions under […]
The U.S. Supreme Court has completed its review of a key Kansas age discrimination case, settling a split between federal courts on the admissibility of “me too” evidence. “Me too” evidence is testimony by non-parties that alleges discrimination at the hands of persons who played no part in the challenged employment decision. In the present […]
We have a strict seniority system. Do we have to bump one of our workers to give another employee a reasonable accommodation under the Americans with Disabilities Act? — Anonymous How To Survive an Employee Lawsuit: 10 Tips for Success With lawsuits against employers becoming ever more common—and jury verdicts skyrocketing—your risk of getting […]
We’ve been brainstorming ideas for retaining our older workers who have skills we need and that we have trouble recruiting for. Most of our ideas would require us to bend our policies. We’re considering offering our older workers these incentives: