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Results:1-10 of 30

Benefit claim errors
  • Proskauer Rose LLP
  • USA
  • November 7 2011

In Kludka v. Qwest Disability Plan, No. 10-16035, 2011 WL 5024190 (9th Cir. Oct. 21, 2011), the Ninth Circuit reversed and remanded the district court’s dismissal of a claim for long-term disability benefits upon finding that the plan administrator committed two procedural errors when it denied the plaintiff’s claim and the district court made an erroneous factual finding.


Ninth Circuit rules unlicensed "junior accountants" may be exempt from overtime
  • Proskauer Rose LLP
  • USA
  • June 17 2011

The U.S. Court of Appeals for the Ninth Circuit reversed a lower court’s grant of partial summary judgment in favor of the plaintiff-junior accountants, noting that the district court’s holding would produce “significantly troubling results” and create “highly problematic precedent affecting several non-accounting professions.”


Two one-hour premium payments may be owed per day for missed meal and rest periods
  • Proskauer Rose LLP
  • USA
  • March 18 2011

Pursuant to Labor Code 226.7(b), “if an employer fails to provide an employee a meal period or rest period the employer shall pay the employee one additional hour of pay at the employee’s regular rate of compensation for each work day that the meal or rest period is not provided.”


Proskauer is perspective
  • Proskauer Rose LLP
  • USA
  • January 13 2011

Our look back at the past year, and forward into the coming year, confirms the enduring nature of ERISA litigation practice.


Non-union county employees must be permitted to object to disclosure of personal information
  • Proskauer Rose LLP
  • USA
  • January 11 2011

During the course of collective bargaining, the Service Employees International Union asked the county for the personal contact information (names, home addresses and home telephone numbers) of county employees who are in the bargaining unit but who are not members of the union.


Employer granted leave to appeal remand of wage-and-hour case
  • Proskauer Rose LLP
  • USA
  • January 11 2011

Bradford Coleman sued his employer, Estes Express Lines and its regional division Estes West, in state court for alleged violations of California wage and hour statutes.


Account executives were improperly classified as exempt employees
  • Proskauer Rose LLP
  • USA
  • March 8 2010

Maria Pellegrino and other account executives of temporary staffing firm Robert Half International (“RHI”) filed this action against RHI for its failure to pay overtime compensation and commissions and to provide meal periods and itemized wage statements and for unfair competition.


Rulings, filings and settlements of interest
  • Proskauer Rose LLP
  • USA
  • January 15 2010

In In re Schering Plough Corp. ERISA Litig., 2009 WL 4893649 (3d Cir. Dec. 21, 2009), the Third Circuit vacated the district court's ruling granting class certification in an ERISA stock-drop litigation.


Russell L. Hirschhorn
  • Proskauer Rose LLP

Andrew M Katzenstein
  • Proskauer Rose LLP