Overtime Pay Lawsuit for Oppenheimer Stock Brokers: $2M Settlement Approved on Preliminary Basis
March 31st, 2011
On March 28, 2011, Judge Barbara S. Jones, a Federal judge of the U.S. District Court for the Southern District of New York, preliminarily approved a $2 million class and collective action settlement for Creighton v. Oppenheimer & Co. Inc. et al.…
Read More
Read More
"Business as Usual" Is a Recipe for Liability for an ERISA Fiduciary
March 24th, 2011
Businesses woo customers. But when the “customer” is a fiduciary acting on behalf of the “beneficiaries” of that fiduciary duty, the wooing better be solely for the benefit of the beneficiaries. Despite this clear, well-establ…
Read More
Read More
Categories: ERISA
California Joins Whistleblower Lawsuit Against Bristol-Myers Squibb Co.
March 24th, 2011
Insurance Commissioner Dave Jones announced last week that California has joined a whistleblower lawsuit against Bristol-Myers Squibb Co., which alleges that the pharmaceutical giant bribed medical doctors to prescribe its drugs. This is described to…
Read More
Read More
Selecting Financial and other Service Providers for an Employee Benefits Plan
March 17th, 2011
We have grown accustomed to corporate executives lining their own pockets when making virtually any business decision, whether it benefits the corporation or not. When it comes to managing a employee benefit plan, however, acting under such self-inte…
Read More
Read More
Categories: ERISA
Enron Whistleblower Receives $1.1 Million
March 17th, 2011
Almost 2 years before Enron declared bankruptcy and created one of the largest financial meltdowns in history, a whistleblower tipped off the Internal Revenue Service (IRS) that the company was using illegal tax shelters to generate income. After nea…
Read More
Read More
ESOP's Fable: A Tale of Conflicted Fiduciaries
March 10th, 2011
An Employee Stock Ownership Plan is an employee benefit plan recognized under federal law. An ESOP provides employees with “beneficial” title to stock in the corporation where they are employed. Such stock is held in trust, with the ̶…
Read More
Read More
Categories: ERISA
Medicare Fraud Patrol Faces Budget Challenges
March 10th, 2011
On Wednesday, March 9, 2011, congressional hearings revealed that officials at the Centers for Medicare and Medicaid Services (CMS) have developed plans for an increase in scrutiny for new providers joining these programs, as opposed to going after f…
Read More
Read More
A "Lump Sum" Retirement Benefit Shouldn't Mean "Taking Your Lumps" in Your Benefit Calculation
March 3rd, 2011
True “pensions” are becoming a thing of the past for private sector employees. There was a time when most employees received a guaranteed monthly pension benefit for as long as they lived. Their retirement was secure. Now, by contrast, mo…
Read More
Read More
Categories: ERISA
New Leader of SEC Whistleblower Office Announced
March 3rd, 2011
The SEC (Securities and Exchange Commission) Whistleblower Office announced the appointment of a new leader on February 18, 2011. Sean McKessy will head the new whistleblower office in the Division of Enforcement. Administration of whistleblower prov…
Read More
Read More
Paying for Employee On Call Time
February 24th, 2011
A lot of workers (and their employers) are confused about whether or not an employee must be paid for their “on call” time. In the days of iPhones and Blackberries employees can be reached almost anywhere, anytime. Many workers believe th…
Read More
Read More