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Steptoe & Johnson Recent News- WV Legislative Update - 2/17/12 February 17, 2012
- Study: Some LEED Requirements Could Pose Risks to Construction Workers February 17, 2012
- Corps of Engineers Issues New Nationwide Permits February 16, 2012
- Steptoe & Johnson Elevates Two Marketing Team Members February 15, 2012
- Steptoe & Johnson to Welcome NAPE Attendees During Premier Reception February 15, 2012
Category Archives: Employee Benefits/ERISA
LEAVING ONE HOSTILE WORK ENVIRONMENT FOR ANOTHER
Back in August, the United States Court of Appeals for the Fifth Circuit decided a case and ruled that the Uniformed Services Employment and Reemployment Rights Act (“USERRA”) did not recognize claims of hostile work environment based on an employee’s membership in the National Guard or Reserves. Well, Congress was obviously not happy with that [...]
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WOLFE V. ADKINS: WAGE PAYMENT AND COLLECTION ACT CLARIFIED IN FAVOR OF EMPLOYERS
Every employer and human resource professional with an interest in West Virginia needs to be aware of a recent decision from the West Virginia Supreme Court of Appeals concerning the Wage Payment and Collection Act, W. Va. § 21-5-1, et. seq. In Wolfe, et al. v. Adkins, et. al., Number 101476 (Sept. 29, 2011), the [...]
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HEALTH CARE REFORM – EXTERNAL REVIEW PROCEDURES
The Patient Protection and Affordable Care Act (“PPACA”) requires health insurance issuers and certain employer-sponsored group health plans to comply with “the applicable State external review process for such plans and issuers.” States’ external review processes must provide for external review of denials of insurance claims (and claims for group health plan benefits) for medical [...]
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THE SUPREME COURT RELAXES THE STANDARD FOR AWARDS OF ATTORNEYS’ FEES IN ERISA CASES. BUT DOES IT REALLY MATTER?
As a general rule, under what is called “the American Rule” each party to a lawsuit pays his own attorney’s fees, win or lose, unless a statute or a contract provides otherwise. The Employee Retirement Income Security Act (“ERISA”) authorizes courts to award attorneys’ fees and costs to either party. Such “fee-shifting” is not automatic [...]
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U.S. AIRWAYS V. MCCUTCHEN: IS IT “FAIR” FOR YOUR HEALTH PLAN TO ENFORCE ITS REIMBURSEMENT RIGHTS?