By Kelline R. Linton, Junior Associate. Hot off the Press! According to the U.S. Supreme Court ruling in Heimeshoff v. Hartford Life & Accident Insurance on December 16, 2013, a contractual limitations clause in an ERISA-governed long-term disability benefits plan is enforceable even if it causes the limitations period […]
Yearly Archives: 2013
18 posts
By Kelline R. Linton, Junior Associate. Federal contractors should be aware of a new practice that attempts to circumvent the Contract Disputes Act (“CDA”) requirement of a Contracting Officer’s (“CO”) final decision. In a recent case before the Armed Service Board of Contract Appeals, the Army had entered into […]
By Linda H. Evans, Senior Associate. Hot off the Press! According to a ruling on December 3, 2013, by the Fifth Circuit U.S. Court of Appeals, employers can require their workers to sign arbitration agreements waiving all rights to class-action lawsuits over workplace grievances. This ruling overturns a National […]
By Linda H. Evans, Senior Associate. Metroclean Commercial Building Services, a company that provides cleaning services to many prominent businesses in Houston including the Houston Independent School District, has just agreed to pay nearly $275,000 in back wages to 266 janitors after a U.S. Department of Labor (DOL) investigation […]
By Kelline R. Linton, Junior Associate. The House Armed Services Committee recently announced a new initiative to extensively review and reform the Department of Defense’s acquisition system. HASC Vice Chairman Rep. Mac Thornberry (R-Tex.) and Ranking Member Rep. Adam Smith (D-Wash.) will lead the initiative. The Committee began […]
By Kelline R. Linton, Junior Associate. In Orozco v. Plackis, the U.S. District Court for the Western District of Texas recently upheld an unusual jury finding that a franchisor principal was the employer of the former franchisee’s employee, although the employee testified that the principal had no direct control […]
By Linda H. Evans, Senior Associate. On September 17, 2013, the Wage and Hour Division of the DOL announced a final rule extending the FLSA’s minimum wage and overtime protections to most of the nation’s direct care workers who provide home care assistance to elderly, disabled, injured, or ill […]
By Kelline R. Linton, Junior Associate. On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced a new rule that changed regulations under both the Vietnam Era Veterans Readjustment Assistance Act and Section 503 of the Rehabilitation Act. The OFCCP revised the regulations in an effort […]
By Kelline R. Linton, Junior Associate. In a recent case, the U.S. Department of Labor (DOL) obtained a consent judgment in a California federal court, ordering California-based noodle manufacturer and distributor Rama Food Manufacturer Corp. to pay current and former employees $195,400 in back wages and liquidated damages, as […]
By Kelline R. Linton, Junior Associate. While the Obama administration has delayed the Affordable Care Act requirement that large employers provide health insurance to all employees, many of the 2013 and 2014 ACA requirements will still apply as scheduled. Beginning on January 1, 2014, numerous provisions of the […]