Monthly Archives: February 2013

Leeson v. Transamerica Disability Income Plan

Whether a litigant is a participant for purposes of Employment Retirement Income Security (“ERISA”) is a substantive element of their claim, not a prerequisite for subject matter jurisdiction.  After separating from an employer Petitioner Jack Leeson (“Leeson”), a former employee of Respondent Transamerica Corporation, filed an action under ERISA to challenge the termination of his […]

The Memorial Hosp. of Salem County & Health Professionals & Allied Employees

A fairly elected labor organization is entitled to bargain with organizations or businesses on behalf of union employees regardless of the organization or business’s objections.  The Union won a representation election conducted at Salem Hospital and soon after requested bargaining with Respondent who refused to meet and bargain with them.  Section 8(a)(5) of the Act […]

OSHA Procedures for the Handling of Retaliation Complaints under Section 219 of the Consumer Product Safety Improvement Act of 2008

This new rule from the Occupational Safety and Health Administration (OSHA) establishes the finalized procedures for the handling of retaliation complaints under Section 219 of the Consumer Product Safety Improvement Act (CPSIA) of 2008. OSHA responded to comments from The National Whistleblower Center (NWC), the Government Accountability Project (GAP), and Todd Miller requesting provision clarifications […]

In Re New York Party Shuttle, LLC

Employer was found to have terminated an employee in violation of the National Labor Relations Act when the employee used email and social media to try and start a union. Pflantzer was fired after he contacted other employees about starting a union and posted on a closed facebook page for NYC Tour Guides and sent […]

Advilda Loubriel v. Fondo Del Seguro Del Estado

The First Circuit held that the 90 day period to file a suit under 42 U.S.C. § 2000e-5(f) (1) begins when either the claimant or the claimant’s attorney receives an EEOC right-to-sue letter. In this case, the right-to-sue letter was issued on May 8th, 2008 but the plaintiff claimed that she did not receive it […]

Omar v. Al Masar Transp. Co.

Although Section 9(b) of the Longshore and Harbor Workers’ Compensation Act provides for death benefits for the widow of a decedent, it does so only in cases where the widow was living with, dependent upon, or separated from the decedent for a justifiable cause or by reason of desertion at the time of his death. […]

George v. Junior Achievement of Ctr. Ind., Inc

The Court interpreted the term “inquiry” in Section 510 of ERISA broadly to include an informal interchange of questions from an employee to an employer. Here, the Plaintiff had notified his employer that it had breached its fiduciary duty by failing to deposit his withdrawn money into his retirement account; the employer responded by depositing […]

National Football League Players Association v. National Football League

Article 14, Section 1 of the Collective Bargaining Agreement (CBA) between the National Football League (NFL) and the National Football League Players Association (NFLPA) does not apply to players providing or offering to provide financial incentives to injure opponents.  In this case, the NFL Commissioner suspended four New Orleans Saints players for allegedly receiving monetary […]

U.S. Dep’t of Labor v. Camo Technologies, Inc.

An employer willfully fails to comply with and substantially violates the Immigration and Nationality Act when it receives communication of the notice-posting requirements and fails to notify United States workers at each place where an H-1B nonimmigrant will be employed that it seeks to hire nonimmigrant workers.  Camo Technologies, Inc. (CTI) participated in the H-1B […]

Peter J. Vandermeer v. Lincoln Hockey, LLC

When an individual suffers from permanent partial disability due to a work injury, he will be given compensation pursuant to a reasonable percentage determination of permanent partial disability. Vandermeer claimed thirty-six percent permanent partial disability after he fractured his leg during a hockey game with the Hershey Bears when an opposing player “body checked” him […]