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Comments from the Chair Jim LaVaute
I’ve been on the job for several weeks now, and my guess is that the Section members haven’t noticed the change! That’s because the Section staff, under the direction of Section Director Brad Hoffman, have done and continue to do great work for our Section. And also because my predecessor, Patricia Costello Slovak, with her energy and devotion to the work of the Section, made the transition pretty easy for me. Thanks, Pat. |
| This is my first greeting to you as Chair, and I want to take the opportunity to speak to our young Section members. One theme of my tenure as Chair, and this is endorsed by Chair-Elect Barbara Brown too, is to increase membership in the Section and participation by our young Section members. We have all kinds of outreach programs in that respect for law students, government attorneys and academicians, and our new Section Development Fund presents a further opportunity for young or new Section members to increase their participation in the activities of the Section. The Development Fund has just been increased by the Section Council to a commitment of $100,000.00 this coming year, up from $50,000.00. We have already awarded our first fellowships to applicants who, short of Section financial assistance, would not be able to attend our Annual CLE Conference and a committee midwinter meeting. The Section is truly putting its money where its mouth is in its financial support for Section members who need it. This support will help to open up some avenues for people who have not been able to participate in Section activities because of financial need, and their increased participation will serve the Section well. Read more >> |
ANNUAL CLE CONFERENCE PREVIEW EARLY BIRD REGISTRATION DEADLINE: September 14th
Register Now>>
Track of the Month: The Employee Benefits Track: Benefits Anyone?
For a comprehensive update of the latest developments in the employee benefits field affecting plan design, compliance and litigation, the Section’s first CLE conference in Philadelphia is the place to be. The three programs in the Employee Benefits Track on Thursday, November 9, 2007 will focus on retirement plans (including traditional pension plans, cash balance and other hybrid plans, and 401(k) plans) as well has health and disability issues. The sessions are designed for labor and employment lawyers and ERISA practitioners, who want to learn about the key developments in the past year and get practical advice about what plan sponsors needs to do by the end of 2007 to keep their plans in compliance. Read More >>
Previous Tracks of the Month
SECTION HIGHLIGHTS In-House Counsel Task Force
Last summer, the Section of Labor and Employment Law Council formed an In-House Counsel Committee to investigate how the Labor and Employment Section could enhance its in-house counsel membership. In-house counsel is the fastest growing segment of lawyers. To develop its recommendation, the Committee, aided by ABA staff, administered an extensive survey which was sent to 1100 ABA and non-ABA in-house counsel. Responses were received from 283, including 24 in-house union counsel. Read More >>
Section of Labor and Employment Law Newsletter
Published quarterly, the newsletter contains information on current Section projects, recent development and decisions, upcoming educational opportunities, new books, and other news that is of interest to Section members. Current Issue: Summer 2007, Volume 35, Number 4 >>
Save The Dates: 2008 Committee Midwinter Meeting Schedule
The Section’s midwinter meetings will be loaded with substantive programs on hot topics, current developments, and recent decisions, presented by experts in their respective fields. All committee midwinter meetings are eligible for CLE credit; some fulfill a year’s requirement in many states. Section Calendar >>
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Best of the 2007 Midwinter Meetings Teleconference Series
The Midwinter Meetings of the Standing Committees are the Section of Labor and Employment Law’s most concentrated source of substantive content. |
| The programs include: demonstrations of practical skills and techniques; panel discussions involving experts and judges; and scholarly, insightful papers reviewing recent developments. Now, the Section is offering these dynamic and insightful programs to members who could not attend the Midwinter Meetings. Beginning this fall, the Section will present eight CLE-accredited teleconferences based on some of the most highly-regarded and engaging sessions at the Meetings. Registration Information >> |
COMMITTEE SPOTLIGHT
Employee Benefits Committee
The membership of this Committee has grown substantially in recent years,
reflecting developments in the area of employee benefits law resulting from
significant statutory, regulatory, and caselaw changes. Membership is
well-balanced among management, union and plaintiff practitioners and is
comprised of full-time benefits practitioners, academics, government attorneys,
and lawyers who have a more general labor and employment practice but who deal
with employee benefits issues frequently enough to benefit from committee
membership and participation. The committee is responsible for the publication
of Employee Benefits Law. View Committee Homepage >>
Featured Committee Newsletter Article: New Case Law Developments on Payroll Practices May Have Employers Rethinking Old Plan Design
By Nicole Diller, Partner, Morgan Lewis, San Francisco, CA
Andrew Sullivan, Associate, Morgan Lewis, San Francisco, CA
Most employers and benefit practitioners assume that when an employer creates a welfare plan for the benefit of its employees, the Employee Retirement Income Protection Act of 1974, as amended (“ERISA”), will govern the plan’s benefits and obligations. As a result, the Ninth Circuit’s recent decision in Bassiri v. Xerox Corp., 463 F.3d 927 (9th Cir. 2006), took many off guard. Read More >>
HOT TOPIC Sixth Circuit Rules Cash Balance Plans Do Not Violate ERISA Age Discrimination Provision
Cash balance plans are not age discriminatory. That was the decision reached August 27, 2007, by the U.S. Court of Appeals for the Sixth Circuit in a closely watched case. Drutis v. Rand McNally & Co., No. 06-6380 (Aug. 27, 2007). Affirming a lower court ruling, the 6th Circuit rejected claims by four former employees of Rand McNally& Co. who alleged that a cash balance plan sponsored by World Color Press Inc, defendant Rand McNally's successor, violated ERISA's age discrimination provision, section 204(b)(1)(H), which prohibits a reduction in the rate of an employee's benefit accrual because of the attainment of any age. Read More >>
There May Be a Wrong, But is There a Remedy?
Because ERISA strictly regulates remedies available to pension plan participants, employees claiming damages due to breach of fiduciary duty have had a difficult time recovering damages, unless the breach affected the entire plan. On June 18, the United States Supreme Court agreed to review available remedies in a case involving a participant in a 401(k) retirement savings plan attempting to recover losses allegedly caused by his employer's failure to carry out his investment instructions. Mr. LaRue had asked the justices to review the lower court’s finding that Section 502(a)(2) does not permit a 401(k) plan participant to sue for plan losses caused by a breach of fiduciary duty when the losses only affected the individual participant, and that Section 502(a)(3) does not permit a plan participant to recover such losses because they do not constitute "equitable relief." The lower court decision can be found at 450 F.3d 570, 38 EBC 1001 (4th Cir. 2006). The denial of the motion for rehearing, including the court’s chastisement of the DOL for untimely filing, can be found at 458 F3d. 359. Prepared by the Employee Benefits Committee
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ETHICS CORNER
Third Circuit Vindicates Plaintiff’s Attorney
The Third Circuit recently overturned a district court order disqualifying a plaintiff’s attorney who had conducted an ex parte interview of the defendant’s administrative assistant. EEOC v. HORA, Inc., No. 05-5393, 2007 U.S. App. LEXIS 15705 (3d Cir. June 29, 2007) (unpublished decision). Characterizing the disqualification as “draconian,” the Circuit held that the district court abused its discretion because the lawyer did not violate any ethics rules, and, even if she had, there was no prejudice to the defendant. Read More >>
CALENDAR Best of Labor & Employment Midwinter Series
September 5 - December 12, 2007
Teleconference
The Fine Line: Employer Technology and the Impact on Employee Privacy
September 5, 2007
Teleconference
International Employee Benefits Update
September 18, 2007
Teleconference
A Practical Approach: The Best Practices in the NLRB Regions
September 19, 2007
Teleconference
Federal Labor Standards Legislation Committee Fall Meeting
September 28, 2007
Washington, DC
Lawyer as Road Warrior: Which Ethics Rules Should I Follow?
October 17, 2007
Teleconference
18th Annual National Institute on Health and Welfare Benefit Plans: Responding to Change
October 15-16, 2007
Arlington, VA
Civil Rights Developments: The Impact of the Changing Demographics in the Workplace
October 17, 2007
Teleconference
National Labor Relations Act Basic Law & Procedure
October 30, 2007
Cleveland, OH
17th Annual National Institute on ERISA Litigation
November 1-2, 2007
Chicago, IL
Section of Labor and Employment Law Annual CLE Conference
November 7-10, 2007
Philadelphia, PA
Full Section Calendar >>
NEWS Fourth Annual Trial Advocacy Competition
In November, teams of law school students will conduct trials of an employment case before Section members serving as judges and jurors in the Section's 2007 Student Trial Advocacy Competition. Read More >>
UPCOMING SECTION DEADLINES
Young Lawyers Division Fellowship Program Applications | August 31
The Labor Lawyer 2007 Student Writing Competition | August 31
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