Delaying retirement past 65 doesn’t guarantee income adequacy: EBRI

If baby boomers and Gen Xers delay their retirement past the age of 65, many of them still would not have adequate income to cover their basic retirement expenses and uninsured health care costs, according to a study by the Employee Benefit Research Institute (EBRI) based on data from its Retirement Security Projection Model®. A […]

401(k) Expense Ratios Average 71 Basis Points; Most Invested In No-Load Funds

from Spencer’s Benefits Reports: Average expense ratios for 401(k) plan assets held in stock mutual funds have fluctuated between 71 basis points and 75 basis points for the past five years, according to the Investment Company Institute (ICI) in the ICI Research Perspective entitled Economics of Providing 401(k) Plans: Services, Fees, and Expenses, 2010. The […]

USERRA does not provide a cause of action for hostile work environment, noting absence of "terms or conditions" of employment in text of statute

Becoming the first circuit court to rule on the issue, the Fifth Circuit has held that USERRA does not provide a cause of action for hostile work environment (Carder v Continental Airlines, Inc, March 22, 2011, Davis, W). Affirming the district court’s dismissal of the class action claim, the appeals court based its ruling on […]

Oral complaints protected under FLSA's antiretaliation provisions; Supreme Court sets "fair notice" standard for employee complaints to be protected

Oral complaints are protected under the FLSA’s antiretaliation provisions, the U.S. Supreme Court ruled this morning in a 6-2 opinion authored by Justice Breyer (Kasten v Saint-Gobain Performance Plastics, Dkt No 09-834, March 22, 2011, Breyer, S). Resolving a conflict among the circuits, the majority found the scope of the statutory term “filed any complaint […]

Delaware can't penalize out-of-state contractor's use of Pennsylvania apprentices by imposing "permanent place of business" requirement; market participant doctrine did not apply

An out-of-state electrical contractor successfully challenged the state of Delaware’s practice of refusing to recognize out-of-state registered apprentices under its prevailing wage law regulations under the dormant Commerce Clause (Tri-M Group, LLC v Sharp, March 21, 2011, Rendell, M). The Third Circuit upheld a federal district court’s finding that the regulations facially discriminated against out-of-state […]

Each deficient paycheck was FLSA violation

Each deficient paycheck was FLSA violation Claims by detective sergeants for the District of Columbia police department that their employer failed to calculate their overtime based on the enhanced pay owed them were not barred by the statute of limitations, ruled the federal appeals court sitting in the District of Columbia. Each time the officers […]