Second Circuit upholds plan’s right to reimbursement *

USA - April 16 2013
In Thurber v. Aetna Life Ins. Co., the Second Circuit joined a majority of circuits in holding that an ERISA plan participant does not defeat the…

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Board finds employer's "overbroad" off-duty access provisions violate NLRA *

USA - November 1 2012
In J.W. Marriott Los Angeles at L.A Live, 359 NLRB No. 8 (Sept. 29, 2012), the NLRB again has ruled against an employer’s off-duty employee access rule.

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Auto dealership lawfully fired employee for Facebook posts, but maintained unlawful "courtesy" rule, board rules *

USA - October 31 2012
In Karl Knauz Motors, Inc., 358 NLRB No. 164 (Sept. 28, 2012), the NLRB held that a BMW dealership lawfully discharged an employee for a negative Facebook posting about the employer, but that it maintained an unlawfully overbroad “courtesy” rule in its employee handbook.

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U.S. Supreme agrees to resolve circuit split over ERISA plan reimbursement rights *

USA - July 10 2012
On June 25, 2012, the U.S. Supreme Court agreed to review the decision of the Third Circuit Court of Appeals in U.S. Airways v. McCutchen.

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Appellate court credits employer's challenge of mock card check ceremony during union campaign *

USA - May 30 2012
What constitutes objectionable conduct during a union campaign is an ongoing question for employers.

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