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Results: 1-10 of 33

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


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


Breaking news - court grants nationwide injunction enjoining implementation and enforcement of final salary level rule
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • November 23 2016

In a potentially disruptive decision, Judge Amos L. Mazzant issued a permanent injunction that prevents the Department of Labor ("DOL") from


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


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


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


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


Union contract agreements overturned by court
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • August 30 2010

Recently, the Seventh Circuit Court of Appeals in Chicago affirmed the district court's decision that Wisconsin's wage payment law requires employees to be paid for all time spent donning and doffing safety gear


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”