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Fifth Circuit Opines on when Claims may be Properly Maintained under ERISA § 502(a)(1)(B) Versus § 502(a)(3)

Littler Mendelson, P.C. • November 09, 2018
The U.S. Court of Appeals for the Fifth Circuit recently addressed “the labyrinthine complexities of ERISA law and practice.” Manuel v. Turner Industries Group, LLC, et al., No. 17-30835 (5th Cir. Oct. 1, 2018). In this wide-ranging opinion, the Fifth Circuit highlighted the importance of identifying the underlying purported injury to understand whether an ERISA § 502(a)(3) claim (a claim for equitable relief) is duplicative of a claim that could have been brought under ERISA § 502(a)(1)(B) (a claim to recover benefits or enforce a right under the terms of a plan), in which case it should be dismissed.

Don’t Forget About Section 4960 Compliance

Ogletree Deakins • November 09, 2018
Section 4960 of the Internal Revenue Code of 1986 (IRC), as amended, imposes an excise tax on compensation of certain highly compensated employees of tax-exempt organizations. In an apparent attempt to level the playing field for tax-exempt and public corporations, Section 4960 imposes an excise tax of 21 percent on compensation paid to a covered employee in excess of $1 million and on any excess parachute payments paid to a covered employee. For purposes of Section 4960, any remuneration paid to a covered employee by a related entity is included in the calculation of the covered employee’s total remuneration for the year.

Top Five Labor Law Developments for October 2018

Jackson Lewis P.C. • November 09, 2018
The deadline for submitting comments regarding the National Labor Relations Board’s proposed rulemaking on the standard for determining joint-employer status under the National Labor Relations Act has been extended to December 13, 2018.

California Court Voids Nonsolicit Agreement, Defeats Trade Secret Claims and Awards Attorneys’ Fees to Defendants

Carothers DiSante & Freudenberger LLP • November 09, 2018
A California Court of Appeal concluded that what appeared to be a standard nonsolicitation of employees provision was, in fact, an unenforceable noncompete that prevented its former employees from carrying out their chosen profession. The Court of Appeal in AMN Healthcare, Inc. v. Aya Healthcare Services, Inc. upheld summary judgment in favor of employee defendants and their employer defeating an 11 count complaint that asserted claims of breach of contract, misappropriation of trade secrets, interference with prospective economic advantage, aiding and abetting misappropriation of trade secrets, and unfair business practices after four of AMN’s recruiters were hired by Aya and recruited other of AMN’s employees to work for Aya. In addition, the Court of Appeal upheld an injunction against the former employer from attempting to enforce such agreements in the future and awarded the defendants $190,000 in attorneys’ fees.

Arkansas’s Minimum Wage Will Start to Climb in 2019

Ogletree Deakins • November 09, 2018
After a midterm election that resulted in change around the country, Arkansas workers will be taking home a little more change themselves over the next three years.

A Fact Sheet on Michigan’s Newly-Passed Marihuana Ballot Initiative

Ogletree Deakins • November 08, 2018
On the night of November 6, 2018, Michigan voters passed the ballot initiative known as the “Michigan Regulation and Taxation of Marihuana Act” (MRTMA) to allow the limited use and possession of marihuana. As a result, the possession and use of marihuana (up to 2.5 ounces) within a personal residence by adults over the age of 21will be legal. The proposal will also allow regulated commercial production and distribution of marihuana.
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