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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


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


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


Outback Steakhouse agrees to pay $19 million to settle sex discrimination
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • January 4 2010

On Tuesday, December 29, 2009, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced that Outback Steakhouse (“Outback”) agreed to pay $19 million to settle a class action lawsuit alleging sex discrimination against thousands of women at hundreds of corporately-owned restaurants


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


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


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?


Job applicants are protected from discrimination in hiring
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 15 2010

Recently, the U.S. Equal Employment Opportunity Commission (“EEOC”) affirmed that job applicants and not just employees are entitled to protection from discrimination


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


Construction company found liable for delinquent contributions
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 16 2012

Recently, the U.S. District Court for the Northern District of Illinois found a construction company liable for delinquent contributions, liquidated damages, interest and reasonable attorney's fees