On August 20, 2019, the Ninth Circuit held in Dorman v. Charles Schwab Corp. that a 401(k) plan’s mandatory arbitration clause was enforceable in relation to a breach of fiduciary duty claim brought under ERISA § 502(a)(2). No. 18-15281 (9th
Inside Jobs
Employment and Benefits
Inside Jobs is a blog published by Covington & Burling LLP that focuses on employment law and workplace regulatory developments. It covers legislative changes, compliance obligations, and enforcement trends affecting employers and employees, including topics such as employment rights reforms, anti-discrimination laws, pay transparency, equal pay, and the impact of emerging technologies like AI on employment practices. The blog also addresses government guidance and agency priorities related to workplace discrimination, labor standards, and workforce management. It serves as a resource for understanding legal and policy shifts in employment law, particularly in the United States and California.
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Retirement Savings as a Political Cudgel in the Debate over FTTs
Our own Richard Shea and Jack Lund recently contributed a post to the RetireSecure Blog maintained by the Pension Research Council of the Wharton School at the University of Pennsylvania. The post discusses the competing rhetoric surrounding the impact of…
Hiring Employees vs. Independent Contractors: Navigating Classification Issues in a Drastically Altered California Legislative Landscape
Recently enacted California Assembly Bill 5 (“AB-5”) is a game changer for businesses that use independent contractors in California — and a warning shot for employers nationwide. Subject to exemptions for certain occupations and professions, AB-5 imposes a strict “ABC”…
DOL Publishes Final Rule Expanding Overtime Protections
The U.S. Department of Labor (DOL) has announced a final rule that will increase access to overtime pay under the Fair Labor Standards Act (FLSA) for approximately 1.3 million workers. The final rule, which comes six months after DOL published…
IRS Rules 23andMe’s Home DNA Kit Eligible for Partial FSA Reimbursement
In May, the IRS issued a private letter ruling to an individual taxpayer regarding the deductibility of 23andMe’s at-home DNA test kits under section 213(d) of the Code, which permits the deduction of medical expenses. In the ruling, the IRS…
California Bans Hairstyle Discrimination
Bolstering the state’s reputation for progressive employment legislation, California has become the first state to ban discrimination based on natural hair and protective hairstyles. On July 3, 2019, California Governor Gavin Newsom signed into law SB 188, which amends…
DOL Labels Gig Economy Company’s Workers as Independent Contractors
On April 29, 2019, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued an opinion letter finding that “virtual marketplace company” workers (of an unnamed business) were independent contractors rather than employees. While not binding, the opinion signals…
DOL Publishes Proposal to Expand Overtime Protections
Following two years of anticipation, after a similar but more aggressive rule was proposed by President Obama’s administration and then squashed by federal courts in Texas, the Department of Labor (DOL) has issued the long-awaited Notice of Proposed Rulemaking that,…
Rulings Question the Enforceability of Employee Non-Solicitation Covenants in California
Over three decades ago, in Loral Corp. v. Moyes, a California Court of Appeal held that employee non-solicitation agreements, which bar former employees from soliciting the employer’s existing employees, could be enforceable. In 2008, the California Supreme Court in Edwards…
Court Reaffirms that Private Investment Funds Are Responsible for Portfolio Company’s Pension Liability
The most recent decision in the ongoing Sun Capital saga provides no relief from pension withdrawal liability for private equity funds. The federal district court for the District of Massachusetts recently reaffirmed its 2016 ruling that two private equity funds…