Overtime Pay Lawsuit for Oppenheimer Stock Brokers: $2M Settlement Approved on Preliminary Basis

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
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"Business as Usual" Is a Recipe for Liability for an ERISA Fiduciary

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
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Categories: ERISA

California Joins Whistleblower Lawsuit Against Bristol-Myers Squibb Co.

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
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Selecting Financial and other Service Providers for an Employee Benefits Plan

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
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Categories: ERISA

Enron Whistleblower Receives $1.1 Million

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
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ESOP's Fable: A Tale of Conflicted Fiduciaries

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
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Categories: ERISA

Medicare Fraud Patrol Faces Budget Challenges

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
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A "Lump Sum" Retirement Benefit Shouldn't Mean "Taking Your Lumps" in Your Benefit Calculation

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
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Categories: ERISA

New Leader of SEC Whistleblower Office Announced

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
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Paying for Employee On Call Time

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
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Categories: On Call Time, Overtime