Oops, Spike Lee’s Production Companies Forgot to Pay into Union Pension Fund
By Management Labor Lawyer | | NLRB, Uncategorized
Filmmaker Spike Lee and his production companies were sued for short-changing health benefit and pension plan contributions to three separate entertainment industry unions. The suit seeks to hold Spike Lee personally liable for the $45,000 owed. The underpayments came to light as part of a payroll audit conducted by trustees for the union’s health benefits…
Read More Do Collective Bargaining Agreements that are Silent on the Issue Guarantee Lifetime Healthcare Benefits to Retirees?
By Management Labor Lawyer | | NLRB
M&G Polymers USA has operated a chemical plant in West Virginia since 2000. In 2006, the Company informed its retirees that they would have to contribute to their health care costs. Displeased with this, the retirees and their union, the Steelworkers, filed a class action against M&G. On appeal, the Sixth Circuit relied heavily on…
Read More Requiring 401(k) Contributions for All Non-Union Employees is an Unlawful Promise of Benefits During a Decertification Campaign because the Handbook said the Company Reserved the Right to Modify or Terminate Retirement Plans
By Management Labor Lawyer | | NLRB
In 1999, TCI Cablevision of Washington held that an employer did not interfere with an election by accurately telling employees the company would be required under its existing benefit plans to automatically cover employees if they decertified a union. Following this precedent, UniFirst recently told its employees that they would receive 401(k) benefits and a…
Read More Moen, Inc. Unlawfully Terminated Retiree Health Benefits Per Collective Bargaining Agreement
By Management Labor Lawyer | | NLRB
Moen terminated the lifetime health care benefits of workers who retired from its Elyria, Ohio plant, along with the benefits for their spouses and eligible dependents. The U.S. District Court for the Northern District of Ohio called this case an “easy” decision and found that the parties intended for the retirees’ benefits to be vested…
Read More US DOL Guidance on Same-Sex Marriages and Employee Benefit Plans
By Management Labor Lawyer | | Employment Law
The United States Department of Labor recently released guidance for employers regarding benefits plans and employees involved in same-sex marriages. The guidance states in general, the terms “spouse” and “marriage” in Title I of ERISA and in related Department regulations should be read to include same-sex couples legally married in any state or foreign jurisdiction…
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