New York state has progressively instituted new laws over recent years regulating how employers do business in the state. Employers in New York City should also be aware of local laws that go above and beyond state requirements. Employers new to the state should be cognizant of various requirements specific to New York relating to
In New York state, both houses of the Legislature have passed S.3100A/A.1278-B, which would add a new section 191-d to the Labor Law prohibiting “non-compete agreements and certain restrictive covenants.” The bill awaits the Governor’s signature. Thus, whether, and to what extent, restrictive covenants in the employment context will continue to be enforceable in New
The contours of plaintiff pleading requirements for ERISA fiduciary breach claims sketched by the Supreme Court in Hughes v. Northwestern University continue to evolve. Recent cases suggest that plaintiffs may find ERISA class action lawsuits increasingly vulnerable to motions to dismiss unless they allege context specific defects in the processes followed by defined contribution plan
To survive a motion to dismiss after Hughes v. Northwestern University, plaintiffs will have to allege facts showing the plan fiduciaries have not followed a prudent process in making decisions specific to the circumstances when the decision was made.
Click here to read the full article, published by the New York Law Journal March
The U.S. Supreme Court ruled Jan. 24 in Hughes et al. v Northwestern University et al. that in litigation challenging fiduciaries of benefit plans that allegedly have imprudent investment options, determining whether plan fiduciaries meet ERISA’s duty of prudence requires a context-specific analysis.
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California and North Carolina district courts have dismissed major class action challenges to AT&T and Lowe’s 401(k) plan recordkeeping fees based on extensive step-by-step documentation that the plan fiduciaries acted prudently in monitoring the plan’s recordkeeping expenses.
These cases provide a useful guide for the type of evidence needed in ERISA breach of fiduciary claims
On Sept. 8, 2020, a New York federal judge struck down substantial portions of the U.S. Department of Labor (DOL’s) joint employer final rule, which went into effect March 1, 2020. As reported in a prior GT L&E blog, the DOL’s final rule announced a four-factor balancing test for determining joint-employer status when one
New York City employers may not use the Faragher/Ellerth defense to harassment claims lodged under New York City’s Human Rights Law. That’s the verdict of New York’s Court of Appeals. (Zakrzewska v. New School. 2010 NY LEXIS 632 [May 6, 2010]).
Instead, New York City employers will be strictly liable for harassment by
To borrow from a classic song:
There’s something happening here. What it is ain’t exactly clear.”
Last Thursday, a federal district judge sentenced a former DuPont employee to 18 months in jail, following a guilty plea of stealing trade secrets relating to DuPont’s Kevlar products. A few weeks earlier, the U.S. Attorney for New York’s Southern