Tag Archives: USERRA

Seventh Circuit Fires Warning Shot, USERRA May Require Paid Military Leave

Photo of Todd DawsonBy Todd Dawson on Posted in Wage and Hour
In a case that it characterized as one of first impression in the federal courts of appeals, the Seventh Circuit held last week that the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. § 4301 et seq. (“USERRA”), may, in some circumstances, require employers to provide paid leave to employees absent from work due to … Continue Reading

Employer’s Profit-Sharing Plan Is Not Covered by ERISA, Pennsylvania Federal Court Finds

Photo of Gilbert BroskyBy Gilbert Brosky on Posted in ERISA
One of the most fundamental, but often overlooked, defenses in ERISA litigation is that the plaintiff did not allege a violation of an actual ERISA plan. An at-issue document/provision cannot be an ERISA pension plan unless it provides retirement income or “deferral of income beyond covered employment.” Designated employee retirement plans and 401(k) plans will … Continue Reading

Court Grants Summary Judgment in Multidistrict Independent Contractor Cases

Photo of Greg MersolBy Greg Mersol on Posted in ERISA, FLSA, Independent Contractors, Nonexempt Status, Wage and Hour
We’ve written at least three times now on the case of Dukes v. Wal-Mart, now pending before the United States Supreme Court, as it is the largest employment class action in history.  Perhaps a relatively distant second is the collection of cases against FedEx Ground Package System, currently being handled through the multidistrict litigation docket in Northern Indiana.  … Continue Reading
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