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July 2, 2013
July 2, 2013
July 2, 2013
July 2, 2013
July 2, 2013
July 1, 2013

On Monday, June 24, 2013, a sharply divided Supreme Court made it harder for employees to win discrimination and retaliation suits against their employers. In a pair of 5-4 decisions, the Court limited how juries can decide retaliation lawsuits, requiring victims to prove employers would not have taken action against them “but-for” their intention to retaliate. The Court also held a person must be able to hire and fire someone to be considered a supervisor in discrimination lawsuits.

June 26, 2013
On June 23, 2013 the Supreme Court issued two opinions concerning same-sex marriage. This Client Alert provides a brief summary of the cases, as well as information concerning the effect of these opinions on employee benefit plans and, at the end, provide action items for employers.
May 20, 2013
May 20, 2013

Over the past year, there has been a marked increase in Department of Labor (“DOL”) audits of qualified retirement plans.  It appears that not only has the number of audits increased, but so has the DOL’s expectations of plan fiduciaries.  Most recently, it has been reported that during routine audits, DOL officials seek documentation as to the level of fiduciary training that has been given to plan fiduciaries.  The DOL takes the view that fiduciary training evidences prudent fiduciary practice.

May 10, 2013
On March 27, 2013, in a 5-4 decision of a very divided bench, the U.S. Supreme Court held plaintiffs in a class action must demonstrate damages attributable to a class-wide injury may be measured on a class-wide basis to qualify for certification.
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