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What I've Been Reading This Week


I come across ERISA articles and related lawsuits every so often.  Given the rather complex nature of these cases, I do not go too in depth, but enjoy skimming through them.  This week, I came across an update on three class action ERISA suits brought against MIT, NYU, and Yale that I think readers would enjoy.  Even for those who do not know much about ERISA, this article does a good job breaking down the basics of the case and what the grounds are for the suits.

As always, below are a couple articles that caught my eye this week.


Recent ERISA Suits Brought Against MIT, NYU, and Yale

As John Manganaro over at planadviser writes, three separate class action ERISA suits were filed against MIT, NYU, and Yale on the grounds that the universities breached their duty of loyalty and prudence under ERISA by causing plan participants to pay millions of dollars in "unreasonable and excessive fees" for record keeping, administrative, and investment services of the retirement plans.  For those who have experience with ERISA suits, this is well worth a read.  And for those readers who actively avoid ERISA suits like the plague, this is still an article worth reviewing.


Walmart's Success Story On the Employment Front

TheStreet has an in depth look at how Walmart has taken major steps as of late in regard to its employees.  Of note, for workers hired before January 1st of this year, the hourly minimum wage rate is at least $10/hour (up from $9/hour).  In addition, the company has given out bonuses in excess of $200 million to its workers this year.  Well worth a read to see how Walmart has taken steps to become one of the more "employee friendly" employers this year.


California Passes New Transgender Protection Law In Regard to Single-User Restrooms

In late September, California Governor Jerry Brown signed into law AB 1732 which will require single-user restrooms in California businesses, government buildings, and places of public accommodation to be universally acceptable to all genders.  Employers in California take note:  This expansive law, set to take effect March 1, 2017, authorizes public inspectors or building officials to check for compliance during any inspection.


Congress Takes Action to Delay Implementation of New Overtime Rules

Recently, Congress passed H.R. 6094 (aka "the Regulatory Relief for Small Businesses, Schools, and Nonprofits Act") which provides a sixth month delay of the implementation of the Department of Labor's new overtime rules.  This is quite a development, and something that I think readers should pay close attention to as this develops further.  Note, this legislation does not prevent the implementation of the new overtime rules.  In essence, it is simply delaying the inevitable.  Employers should take note that even though they have additional time to comply with the new overtime rules, this is not a free pass for them to disregard the rules entirely...instead, employers will now have until June 1, 2017 to comply.

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