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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


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


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


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


Company and owner liable for over $311,000 in back wages
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • July 5 2011

On June 10, 2011, the U.S. District Court for the Northern District of Georgia (Atlanta Division) entered a Consent Judgment (the “Judgment”) permanently enjoining Chueng Kong Holding, Inc. dba United Food and Xin Guo (aka) Victor, as an individual owner, from violating the Fair Labor Standards Act (“FLSA”


Department of Labor obtains judgment against current NFL player
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • October 6 2009

Last week, the U.S. Department of Labor (“DOL”) announced that it obtained a consent judgment requiring current NFL player Michael Vick (quarterback, Philadelphia Eagles) and a company he owned called MV7 LLC to repay at least $416,461.10 in restitution to a pension plan sponsored by the company, and ordered Vick to forfeit any rights to benefits from the 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


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


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