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Results: 1-10 of 30

Hitachi America benefits manager sentenced to 57 months for fraud
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 2 2009

The U.S. Attorney for the Southern District of New York announced that Dennis M. Dowd, formerly the senior manager of human resources at Hitachi America, Ltd. (Hitachi”) was sentenced to 57 months in prison for defrauding the Hitachi America Group Health and Welfare Plan (the “Plan) of more than $6 million


There is no such thing as FMLA light duty
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • 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


FMLA: caring for an adult child
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 8 2014

Recently, the United States Court of Appeals for the Seventh Circuit reminded us that the Family and Medical Leave Act ("FMLA") provides eligible


Company and its officers sued for unpaid wages
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • 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


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


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


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


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."


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


Severance payments may not be subject to FICA
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 13 2010

Recently, the U.S. District Court for the Western District of Michigan affirmed a Bankruptcy Court’s decision and held that severance payments made to employees due to the employees’ involuntary separation from employment that resulted directly from a reduction in force or the discontinuation of a plant or operation are not wages and are therefore not subject to FICA taxation