United States: ConAgra Foods Defeats Challenge To Its Executive Exemption Classification In FLSA Class Action

A federal judge in Arkansas granted summary judgment for ConAgra Foods in a collective action brought by a group of departmental Team Leaders who alleged ConAgra misclassified them as exempt and denied them overtime pay in violation of the Fair Labor Standards Act. In Garrison v. ConAgra Foods, the court determined that the Team Leaders’ job duties satisfied the four-part test for the FLSA’s “executive exemption,” including the requirement that the employer gave […]

By | January 15th, 2015 ||

Beyond U.S. Citizens And Lawful Permanent Residents: Are Other Classes Of Individuals Legally Authorized To Work Protected From Employment Discrimination?

In a novel case, a New York federal court judge recently denied an employer’s motion to dismiss a Section 1981 alienage discrimination class action lawsuit. The lawsuit alleges that Northwestern Mutual Life Insurance Company violated that Act by implementing a policy of hiring only U.S. citizens and lawful permanent residents.

Background

In Juarez v. Northwestern Mut. Life Ins. Co., the plaintiff, Ruben Juarez, a Mexican national living in New York City was a Deferred Action for […]

By | January 15th, 2015 ||

United States: Excepted Benefits: Final Regulations Provide Guidance On Dental, Vision And Employee Assistance Plans

The Departments of Labor, the Treasury, and Health and Human Services (the “Departments”) have recently published final regulations related to when limited scope dental and vision benefits and employee assistance programs (“EAPs”) qualify as “excepted benefits” not subject to certain requirements that otherwise apply to group health plans. These group health plan requirements were primarily established under the Health Insurance Portability and Accountability Act (“HIPAA”) and the Patient Protection and Affordable Care Act (“PPACA”) […]

By | January 15th, 2015 ||