California Employment Law Update

Category Archives: ERISA

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Claim For Unpaid Vacation Benefits Was Properly Dismissed

Bell v. H.F. Cox, Inc., 2012 WL 3846827 (Cal. Ct. App. 2012) Oscar Bell and other truck drivers filed a putative class action against Cox, alleging wage and hour violations. Among other things, the drivers alleged that Cox had failed to pay promised vacation benefits to current employees (it paid them a flat rate of … Continue Reading

Employer That Failed To Make Directed Changes In 401(k) Plan May Be Liable To Employee

LaRue v. DeWolff, Boberg & Associates, Inc., 552 U.S. 248, 128 S. Ct. 1020 (2008) James LaRue directed DeWolff, his former employer, to make certain changes to the investments in his individual 401(k) account, but DeWolff failed to effect those changes as directed. LaRue alleged that DeWolff breached its fiduciary duty to him under ERISA … Continue Reading

San Francisco Health Care Security Ordinance Probably Is Not Preempted By ERISA

Golden Gate Restaurant Ass’n v. City & County of San Francisco, 512 F.3d 1112 (9th Cir. 2008) In 2006, the San Francisco Board of Supervisors passed and the mayor signed into law the San Francisco Health Care Security Ordinance which, among other things, requires employers with more than 20 employees to make healthcare expenditures on … Continue Reading

County Employee May Plead ERISA And, Alternatively, Breach Of Contract Claims In The Same Complaint

Coleman v. Standard Life Ins. Co., 288 F. Supp. 2d 1116 (E.D. Cal. 2003) Floyd Coleman, who was employed as a probation officer for the County of Sacramento, sued Standard Life Insurance Company after it denied him long-term disability benefits for his knee condition and chronic back pain. Coleman sued for a violation of ERISA … Continue Reading

Disability Plan Administrator Was Not Required To Defer To Treating Physician’s Opinion

Black & Decker Disability Plan v. Nord, 538 U.S. 822 (2003) Kenneth L. Nord was employed by a Black & Decker subsidiary as a material planner in a job classified as “sedentary” because it required up to six hours of sitting and two hours of standing or walking per day. Nord consulted with a physician … Continue Reading

Claims For Severance Benefits Were Not Preempted By ERISA

Winterrowd v. American General Annuity Ins. Co., 321 F.3d 933 (9th Cir. 2003) Three commissioned sales employees were laid off after their employer’s parent company was acquired by American General Corporation. As commissioned salespeople, the employees were not eligible for severance benefits under the employer’s Job Security Plan. However, the employees were offered and did … Continue Reading

ERISA Preempts Certain Claims Asserted By Deceased Employee’s Estate Against Employer

Bui v. AT&T, 310 F.3d 1143 (9th Cir. 2002) Nga Bui brought this action on behalf of her deceased husband’s estate against various parties, including his former employers, AT&T and Lucent Technologies. Bui’s husband, Hung M. Duong, died at Erfan Hospital in Jeddah, Saudi Arabia, after undergoing two unsuccessful operations and suffering two myocardial infarctions. … Continue Reading
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