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Employment - Overtime Rule to Be Finalized in July 2016
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • December 9 2015

In August 2015, we reported that the U.S. Department of Labor ("DOL") issued a Proposed Rule that seeks to increase the salary level required before


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


Health Care Reform: Reducing Employee Hours to Avoid the ACA is No Game
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 4 2016

On February 9, 2016, the U.S. District Court for the Southern District denied Dave & Busters, Inc.'s ("D&B") motion to dismiss a class action lawsuit


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


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?


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


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


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


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


Discrimination is sometimes defensible - blame your parent corporation
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 30 2009

Recently, the U.S. District Court for the Southern District of New York reminded us that employment discrimination claims may be barred by the Friendship, Commerce and Navigation Treaty (“FCN Treaty”