Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: ERISA

Employees Who Smoke (Part II) – The Exception for Health Insurance Plans

Posted in Human Resources (HR) Compliance, Laws and Regulations

So yesterday, I made a convincing case that employees who smoke outside the workplace can’t be treated differently than your non-smokers.  But what about your health insurance plans? Doesn’t the state law prohibit your plan from imposing higher premium costs on those smokers? Well on first glance it appears yes.  The state law would seem to… Continue Reading

Breaking: U.S. Supreme Court Says Relief is Possible Under ERISA Class Action Suit Without Detrimental Reliance

Posted in Class Actions

For a few years now, I’ve been following the case if CIGNA v. Amara – an important employee benefits case that went before the U.S. Supreme Court last December.  You can find all the posts here.  Today, in an 8-0 decision (download here), the Court clarified an area of the law in need of understanding and… Continue Reading

Oral Argument Transcript Now Available from U.S. Supreme Court Argument in Cigna v. Amara

Posted in Litigation

It’s rare for a case from Connecticut to make it all the way to the United States Supreme Court. But this week, a case did just that. I’ve previously discussed the case of Cigna v. Amara in many posts which you can read here.  The case ultimately concerns the receipt of retirement benefits and whether… Continue Reading

U.S. Supreme Court Agrees to Consider Connecticut Employee Benefits Case

Posted in Class Actions

Employee benefit cases (better known as ERISA cases, after the Employee Retirement Income Security Act) aren’t the most exciting topic in the world.  At this point, just by my very mention of ERISA, I’m imagining your mouse wandering off to view another page. But yesterday, the U.S. Supreme Court agreed to hear an important case… Continue Reading

CBA Labor & Employment Quarterly Now Online

Posted in Litigation

The Connecticut Bar Association’s Labor & Employment Section (led by my colleague Joshua Hawks-Ladds) has begun posting its quarterly newsletter online.  I expect to see more of this as the CBA moves to a new website next month. In the meantime, you can check out the latest issue here.  It features articles on:  Attorneys Fees… Continue Reading

Update: District Court Throws Out Wrestlers’ Lawsuit Against WWE (Again)

Posted in Class Actions, Litigation, Wage & Hour

Back in February, a federal court in Connecticut dismissed a lawsuit brought by three former wrestlers who contended, among other things, that they were improperly classified as independent contractors. The case garnered national attention (see, for example, this post by Zach Lowe at The American Lawyer) for a variety of reasons, including the disclosure of… Continue Reading

Quick Takes: Reprimanded Lawyer, Ethics Case, EFCA, ADEA & the Second Circuit, ERISA Standard of Review

Posted in Litigation

The slow season of employment law news continues, which makes this a perfect time to roll-out the occasional Quick Takes post to discuss interesting nuggets and updates to recent posts. The Statewide Grievance Committee, on the day before Christmas, issued a formal reprimand to Maureen Duggan for "fraud and conduct prejudicial to the administration of… Continue Reading

What Ever Happened To…The Influx of ERISA/401(k) Cases After the Supreme Court’s Decision in Larue?

Posted in Litigation

Continuing a theme this week of followups to older posts, back in February the U.S. Supreme Court, in Larue v. DeWolff, ruled that the Employee Retirement Income Security Act (ERISA) allows an employee to sue his employer because of a fiduciary breach that resulted in individual losses to his 401(k) plan. Some predicted that the "Court’s ruling will… Continue Reading

WWE Lawsuit Update: WWE Files Motion to Dismiss and Discloses Booking Contracts of Wrestlers

Posted in Litigation

UPDATE 10/8/08 – I have posted a FAQ on the lawsuit this morning due to the extraordinary interest in this subject. You can find it here.  UPDATE 10/7/08 – Welcome various wrestling fans (who are visiting by the thousands this morning)!  The links to the contracts are below.  One note to clarify some of the reports… Continue Reading

Big Day at U.S. Supreme Court for Labor & Employment and ERISA Cases

Posted in CHRO & EEOC, Discrimination & Harassment, Litigation

A very big day in labor & employment law and ERISA cases at the U.S. Supreme Court this morning  I’ll post more detailed updates as warranted (and when time allows), but for now, here are the brief highlights (H/T ScotusBlog) . In Meacham v. Knolls Atomic Power Laboratory (06-1505), the court was asked to decide, in an… Continue Reading

Followup on Amara v. CIGNA – Court Proposes Broad Relief, then Stays Judgment Noting Uncertainty in the ERSIA Law

Posted in Litigation

A few months ago, I reported on the District Court’s decision in Amara v. CIGNA, an important class-action case on ERISA retirement benefits and on alleged misrepresentations made by the Company about retirement benefits.  Over the last few months, then, the court was asked to consider the issue of what is appropriate relief from the decision. … Continue Reading

Gross Misconduct and COBRA – When Can An Employer Try to Deny Coverage to Terminated Employee

Posted in Human Resources (HR) Compliance, Laws and Regulations

The Employee Benefits blog has a terrific post this week explaining the "Gross Misconduct" rule for COBRA Coverage. For those unfamiliar with the lingo, The Consolidated Omnibus Budget Reconciliation Act (COBRA) (among other aspects) describes rights that employees have to continue their health insurance after their employment as been terminated (and for some other reasons… Continue Reading

What Does the U.S. Supreme Court Decision on 401k lawsuits in LaRue Mean for Employers?

Posted in Litigation

Nothing like a U.S. Supreme Court case on employee benefits to get the blogs to come alive.  And yet, for some reason, I’ve had difficulty getting exciting about a case decided this week. First, for those whose kids have been on vacation this week, a recap from Michael Moore of Pennsylvania Employment Law Blog. The… Continue Reading

Lawyers to Seek “Hundreds of Millions” of Dollars from CIGNA In Response to Decision

Posted in Class Actions, Laws and Regulations, Litigation

Lawyers representing the class of retirees from CIGNA will argue that their clients are entitled to "hundreds of millions" of dollars in retirement benefits as a result of misrepresentations made by CIGNA, according to a report in yesterday’s Hartford Courant.  The Courant — which finally reported on the decision 5 days after it came out… Continue Reading

More on Amara v. CIGNA – The followup

Posted in Class Actions, Laws and Regulations, Litigation

My post from last Friday’s ERISA decision in Amara v. CIGNA Corp. has drawn quite a bit of interest. Since my post over the holiday weekend (from vacation) was intended merely as a brief summary until this week, it has drawn sufficient attention that a few points bear further elaboration, including disclosure of my knowledge… Continue Reading

Court: Retirement Plan Changes Ok, but Retirees Need Proper Notice and Disclosures

Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Difficult, time-consuming, and expensive litigation with uncertain results – such as this case represents – is assuredly not a sensible way to manage the Nation’s retirement system for either employers or employees. Sadly, at least for now, litigation appears to be the only option available to them. In a 122 page opus on ERISA law… Continue Reading

Court: SNET’s Conversion to Cash Balance Plan Does Not Violate ERISA

Posted in Litigation

First, a warning. If your eyes glaze over at discussing the difference between cash balance plans and defined benefit plans, this post is not for you.  However, for those employers who are considering converting their retirement plans or who have done so, a new case released this morning provides some much-needed guidance in Connecticut about… Continue Reading