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Arbitrator Rules in Favor of Client’s 401(K) Plan in ERISA Breach of Fiduciary Duty Case
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In July 2010, I handled a three-day arbitration in Denver, Colorado on behalf of an employer and its 401(k) Plan in an ERISA breach of fiduciary duty case. In a nutshell, my clients had engaged the services of an outside third-party administrator and registered investment advisor to handle the administration of their 401(k) Plan and to provide investment advice for the company's 401(k) Plan participants.

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OPM Rules in Favor of Two More Selective Service “failure to Register” Clients
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In recent months, I have taken on a number of cases involving federal employees whose job was in jeopardy due to their failure to register with the Selective Service. In a previous post, I reported that OPM had ruled in favor of one client, who had lived in Africa for the better part of his life until he returned to the United States when he was 22 years of age. In that case, after considering our request for reconsideration, OPM determined that we had presented sufficient information to establish by a preponderance of the evidence that the failure to register with the Selective Service was neither knowing nor willful. As a result, my client was able to keep his job with the IRS.

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OPM Issues Another Favorable Ruling for Client in Selective Service Case
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On August 28, 2010, OPM issued another favorable determination for a client who failed to register with the Selective Service when eligible. The fact pattern is very similar to the other recent Selective Services cases we have successfully handled before OPM. The client, who is now employed by the Department of Treasury, lived in the United States as an undocumented alien for the majority of time he was eligible to register with the Selective Service.

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Are Employees Entitled to FMLA Leave for Cosmetic Surgery?
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The Family and Medical Leave Act of 1993 (“FMLA”) provides for up to 12 weeks of job protected, unpaid leave each year for certain employees for reasons that include the employee's own serious health condition. Are employees entitled to leave under the FMLA for cosmetic surgery? The answer depends upon whether the procedure is related to a medical condition that otherwise qualifies as a “serious health condition” under the FMLA.

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DOL Expands Coverage Under FMLA to Include Same-Sex Partners (Among Others)
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The Family and Medical Leave Act of 1993 (“FMLA”) provides eligible employees with up to 12 weeks of job protected leave each year for certain covered events, including for the birth or placement of a child for adoption, or because of a child's serious health condition. More information regarding FMLA can be found on this site here.

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Court Rules Drug Representatives Not Exempt from Overtime Requirements
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Several weeks ago, the Second Circuit Court of Appeals paved the way for pharmaceutical sales representatives to pursue overtime claims against their employers. The decision in In re: Novartis Wage & Hour Litigation vacated a lower federal court decision that had dismissed a class action lawsuit by 2500 pharmaceutical representatives who claimed that they were improperly classified as exempt from overtime. The decision allows the class action to continue and will likely spur other class actions and individual claims by drug reps.

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Presenting Your Case to OPM Following a Failure to Register with The Selective Service
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As I wrote in a previous article on this blog, an individual's failure to register with the Selective Service before attaining 26 years of age operates as a bar to federal employment. Since my first blog article, I have been retained in a number of cases involving current employees who are either facing removal or individuals who have been rejected at the application stage for failing to register with the Selective Service. The fact patterns of these cases are strikingly similar and all involve individuals who came to the United States in their 20's and had no knowledge of Selective Service registration requirements.

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Maryland Amends Wage Payment and Collection Law to Include Overtime Compensation
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The Maryland General Assembly recently passed several important amendments to Maryland's Wage Payment and Collection Law — which requires employers to promptly pay employees for their services or be subject to treble damages and attorney's fees.

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OPM Allows Client to Keep Position at Irs Despite Failing to Register with The Selective Service
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The Requirement To Register With The Selective Service Remains Firmly In Place Despite The Fact That There Has Been No Military Draft For Many Years. In A Nutshell, All Males Between The Ages Of 18 And 26 Are Required By Federal Law To Register With The Selective Service. Failing To Register Has Various Consequences, Including Ineligibility For Federal Employment If The Failure To Register Is Deemed “Knowing Or Willful.” See 5 U.S.C. § 3328. The Office Of Personnel Management (“OPM”), Has The Final Say In These Matters, And Typically Finds That Nearly All Failures To Register Are “Knowing Or Willful” And Therefore Disqualify The Offender From Being Hired Or Continuing Their Federal Employment No Matter How Innocent The Violation Appears.

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DOL Aims to Curtail Overtime Abuses Through Mandatory Reporting Requirements
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The U.S. Labor Department has announced its intention to issue a Notice of Proposed Rulemaking (“NPRM”) proposing significant amendments to the FLSA recordkeeping regulations aimed at educating employees as to their eligibility for overtime.

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