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Employee Benefits Blogs

State Law Claims Against Benefit Plans May Be Preempted by ERISA

When an employee is wronged by their employee benefit plan, such as a health care plan or life insurance plan, the employee may want to file a lawsuit in state court -- because state laws generally allow for more diverse remedies and greater damages than those allowed for under the federal Employee Retirement Income Security Act of 1974 (“ERISA”). However, employees may not be able to file a lawsuit in state court because ERISA controls, or “preempts,” all state laws to the extent that they relate to employer-sponsored plans.

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Daily Labor Report Touts Smaller 'Boutique' Firms Like Lebau & Neuworth

A recent Bloomberg BNA Daily Labor Report article, citing Lebau & Neuworth attorney Steven Lebau, states, “Whether they work on the management side or the worker side of labor and employment law, the attorneys contacted by Bloomberg BNA touted the advantages of boutiques (small law firms such as Lebau & Neuworth) for both lawyers and clients. They said the lawyers collaborate more and are able to offer high-quality and expert services at lower prices.”

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Employees May be Entitled to Additional Leave from Employers as a 'Reasonable Accommodation'

Employers do not realize that, even if an employee’s leave is no longer covered by the Family and Medical Leave Act of 1993 (FMLA) or was not covered in the first place, other protections may apply. This includes protections created by the Americans with Disabilities Act (A.D.A.), as amended. The law is intended to protect persons with disabilities.

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Mythbusting: Independent Contractor vs. Employee Status

Employers continue to misclassify workers as independent contractors in order to avoid paying overtime and provide employee benefits. Lebau & Neuworth recently sued the same employer on three separate occasions over a five-year period because it continued to misclassify its employees.

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Federal Contractor Employees have New Sex Discrimination Guidelines

The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its Final Rule to update sex discrimination guidelines for federal government contractors. The Final Rule became effective on August 15, 2016.

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Employee Rights: How Your Benefit and Pension Plans Are Protected

Not so long ago, Lebau & Neuworth attorneys represented a long-term employee who was terminated one day before his 20th employment anniversary, which would have increased his pension benefits by more than $150,000. Read More

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