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Employers with severance plans need to know whether or not their plans are subject to the Employee Retirement Income Security Act of 1974 (ERISA). And if the employer finds that they are not, it may wish to consider amending the plans to bring them under ERISA. Although most people think of ERISA as applying exclusively to retirement and welfare plans, it can also apply to severance plans. To use the law to best advantage and avoid unpleasant surprises, it is essential to know whether a severance plan is covered by ERISA. Also, knowing these rules will help the employer design (or amend) a plan to take advantage of benefits that are only available to plans governed by ERISA.
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Looking Back and Looking Forward: Labor and Employment Trends for 2018
By Robert G. Brody and Alexander Friedman
President Trump had an eventful first year in the labor and employment arena. With his first year in office now wrapping up, this is a perfect time to look back at how the Trump Administration's policies have shaped labor and employment law issues at both the federal and state level, and where we expect to go in 2018.
Third Circuit's Paid Breaks Ruling a Bright Line, But Not an Open Door
By David Gialanella
A federal appeals court offered a clear rule earlier in 2017, in holding that employees must be paid for breaks lasting 20 minutes or less, but private suits on that issue have been few, and appear poised to remain so, practitioners say.
How to Avoid the Pitfalls of a Bad Sexual Harassment Policy
By Erin Mulvaney
How can companies make sure they have sexual harassment policies in place to protect interests and employees? The authors talked to several attorneys about common pitfalls and the lay of the land in the corporate environment right now. Here are highlights from those conversations.
Employee Claims in Bankruptcy Pose Significant Liability Exposure
By Shane G. Ramsey and David M. Barnes, Jr.
When a corporation determines to file for Chapter 11 protection, questions concerning the status of existing labor and employment agreements and viability of employee claims immediately arise. Indeed, there are litanies of potential pitfalls for companies that file for bankruptcy without strictly following the requirements of federal or state employment laws.
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