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Results: 1-10 of 28

Supreme Court rules some third-parties can sue for retaliation under Title VII

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 7 2011

On Monday, January 24, 2011, the United States Supreme Court (the "Court") reversed an en banc 10-to-6 decision of the Sixth Circuit Court of Appeals that held that because a third-party did not "engage in any statutorily protected activity either on his own behalf or on behalf of his fiancée, he was "not included in the class of persons for whom Congress created a retaliation cause of action."

Company pays $55,000 to settle sexual harassment lawsuit

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • August 2 2010

Recently, the US Equal Employment Opportunity Commission ("EEOC") announced that Trinity Products, Inc ("Trinity"), a manufacturer of billboards and signposts, agreed to pay $55,000 to settle a sexual harassment and retaliation lawsuit filed by the EEOC

Don’t breach your 401(k) plan fiduciary duty

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 8 2011

On November 1, 2011, the U.S. Department of Labor (“DOL”) announced that, pursuant to a consent judgment and order filed in the U.S. District Court for the Central District of California’s Southern Division, the former CEO and CFO of an East Los Angeles community hospital were ordered to repay over $600,000, plus post judgment interest, to the hospital’s retirement saving plan

Have you managed and eliminated the risk of an overtime lawsuit?

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • June 24 2011

Are a company’s independent contractors really employees?

Employees misclassified as independent contractors court rejects the defense that everybody else is doing it

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 10 2011

After an investigation by the United States Department of Labor (“USDOL”), on September 21, 2011, a U.S. District Court in Ohio ruled that Cascom, Inc. and its president Julia J. Gress (collectively “Cascom”) violated the Fair Labor Standards Act (“FLSA”) by misclassifying its employees as independent contractors

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

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • 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

HR manager of Japanese subsidiary files $100,000,000 class

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 22 2011

On January 31, 2011, Elaine Cyphers (“Plaintiff of Cyphers”) filed a class action lawsuit in federal court in New York seeking to “redress and bring to an end to systematic, companywide, gender discrimination” by Toshiba America, Inc. and Toshiba America Nuclear Energy Corporation (“TANE”) (jointly “Defendants”) against their female employees

75 workers misclassified as independent contractors cost company over $500,000

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • May 7 2012

Last week, a U.S. District Court judge in Chicago issued a default judgment against Skokie Maid and Cleaning Service for failing to answer a complaint filed by the U.S. Department of Labor

A buyer of assets does not automatically assume plan liabilities

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 17 2011

On January 6, 2011, the United States Court of Appeals for the Seventh Circuit (the "Court") in Chicago considered the rights of retirement plan participants when the plan sponsor sells all of the assets from which plan benefits might be paid, distributes the proceeds from the sale, maintains its corporate existence but the buyer of the company's assets does not assume any of the seller's liabilities under the plan

EEOC sues construction company for religious discrimination

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 15 2010

On Thursday, February 11, 2010, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that it had filed a lawsuit against T.A. Loving Company (a North Carolina based construction company) for denying a religious accommodation to several employees and then later firing them because of their religion