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Outback Steakhouse agrees to pay $19 million to settle sex discrimination

Masuda Funai Eifert & Mitchell Ltd
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USA
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January 4 2010

On Tuesday, December 29, 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that Outback Steakhouse (“Outback”) agreed to pay $19 million to settle a class action lawsuit alleging sex discrimination against thousands of women at hundreds of corporately-owned restaurants

FMLA applies to non-traditional family arrangements

Masuda Funai Eifert & Mitchell Ltd
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USA
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June 28 2010

On Tuesday, June 22, 2010, the US Department of Labor ("DOL") released Administrator's Interpretation No. 2010-3 (the “Interpretation”) which is intended to clarify the definition of “son and daughter” under the Family and Medical Leave Act (“FMLA”

Company and its officers sued for unpaid wages

Masuda Funai Eifert & Mitchell Ltd
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USA
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November 12 2012

Recently, the U.S. Department of Labor sued a New Hampshire painting and construction company and its president, vice-president and treasurer in their individual capacities to recover unpaid wages and liquidated damages for 57 employees

There is no such thing as FMLA light duty

Masuda Funai Eifert & Mitchell Ltd
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USA
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March 6 2013

Recently, the U.S. Court of Appeals for the 7th Circuit affirmed summary judgment for the employer in a case where an employee filed suit contending

Dependent coverage until age 26 must be provided by group health plans

Masuda Funai Eifert & Mitchell Ltd
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USA
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May 17 2010

On Monday, May 10, 2010, the Departments of Labor, Treasury and Health and Human Services issued interim final regulations implementing the requirements under the Patient Protection and Affordable Care Act ("PPACA") that required group health plans and insurance issuers provide dependent coverage for children until they have attained age 26

Theft of 401(k) plan assets results in one-year imprisonment of employee

Masuda Funai Eifert & Mitchell Ltd
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USA
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July 10 2009

On July 7, 2009, the U.S. Department of Labor (“DOL”) announced that a former employee of a Kansas City, Mo. casino was sentenced to one year in federal prison and three years of supervised probation after completing her prison term

ERISA breach of fiduciary duty costs airline and banks more than $9,500,000

Masuda Funai Eifert & Mitchell Ltd
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USA
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June 15 2009

Recently, the U.S. Department of Labor (“DOL”) announced that it had entered into settlement agreements with Aloha Airlines Inc., Bank of Hawaii and First Hawaiian Bank which require them to pay $9,545,454 to the airline’s three pension plans for losses that the plans suffered on investments in stock of the airline’s holding company

First annual self-insured group health plan report to Congress

Masuda Funai Eifert & Mitchell Ltd
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USA
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April 4 2011

In March 2011, as required by the Affordable Care Act, the Secretary of Labor provided the first Annual Report to Congress on Self-Insured Group Health Plans (the "Report"

Age bias layoffs are costly; claims are increasing dramatically

Masuda Funai Eifert & Mitchell Ltd
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USA
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June 15 2009

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that Providence Alaska Medical Center (“Providence”) has agreed to pay $220,000 and provide other relief to settle an age discrimination lawsuit on behalf of five (5) workers who were laid off and denied rehire because of their age

Are you timely depositing salary deferrals?

Masuda Funai Eifert & Mitchell Ltd
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USA
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September 8 2009

Last week, the U.S. Department of Labor (“DOL”) announced that it had sued an officer and fiduciary to the Savings Incentive Match Plan for Employees Individual Retirement Account (SIMPLE IRA) plan of Pharmaceutical Alternatives Inc., an Ohio-based company, for improperly using plan assets withheld from employee pay for the benefit of the company, as well as for other violations of the Employee Retirement Income Security Act (“ERISA”

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