ERISA control groups: the creeping spread of liability
Article Abstract:
Withdrawal liability of employers has been increased through use of the control group concept under the Employee Retirement Income Security Act (ERISA) and the Multi-Employer Pension Plan Amendment Act of 1980 (MPPAA). The control group concept was originally applied to impose liability on corporations in parent-subsidiary or brother-sister relationships when one of them withdrew from an ERISA plan. However, the doctrine has been applied too broadly by the courts to include corporations that have merely started negotiations for an acquisition or hold an option to purchase a company.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
Workplace violence: sources of liability, warning signs, and ways to mitigate damages
Article Abstract:
Employers' liability for workplace violence and the occurrence of workplace violence can be minimize by careful hiring, proper training and effective procedures to address improper conduct that may lead to violence. Employers must balance the obligations to protect other employees with the rights of employees. Actions taken against a potentially violent employee can be violations of civil rights or the Americans with Disabilities Act. Employers should make mental health programs available to employees and should train all workers to spot potential danger signs.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1995
User Contributions:
Comment about this article or add new information about this topic:
When is a contract not a contract?
Article Abstract:
The unilateral change doctrine defines corporate power to change a collective bargaining agreement and the areas in which the National Labor Relations Act (NLRA) and the post-expiration collective bargaining agreement permit changes. The NLRA requires employers to bargain in good faith, and courts have held that an employer who unilaterally alters a term of employment is guilty of unfair labor practice. Since they are not matters of contract, arbitration clauses do not fall under the Unilateral Change Doctrine.
Publication Name: Labor Law Journal
Subject: Law
ISSN: 0023-6586
Year: 1992
User Contributions:
Comment about this article or add new information about this topic:
- Abstracts: Liability for faulty earnings projections and optimistic statements. The selection of institutional investors as lead plaintiffs under the Private Securities Litigation Reform Act
- Abstracts: Group carve-out sales: the impact of time value of money on high and low premium approaches
- Abstracts: What corporate social responsibility means to me. The four faces of corporate citizenship
- Abstracts: Niche marketing helps firms reach new clients: a winning strategy will match the strengths of attorneys with the needs of a targeted market
- Abstracts: Court review of arbitration. Court review of arbitration: some practical observations. Judge Reinhardt's primer on labor arbitration: Stead Motors and public policy judicial review