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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


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


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


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


Failure to pay overtime poor record retention lawsuit
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • September 13 2010

As the economy continues to struggle, many current and former non-exempt (hourly) employees are paying closer attention to their wages and wondering whether they have been paid correctly for all hours worked


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


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


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


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


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