UNEMPLOYMENT
INSURANCE / SOCIAL SECURITY
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U.S. Master™ Wage-Hour Guide, 2007 Edition
Presents a first approach to the Fair Labor Standards Act (FLSA), summarizing
the basic legislation, demonstrating how the rules apply to particular
employment situations, and exploring practical aspects of employment arrangements
in light of the federal wage and hour law.
An employee's state law claims seeking rescission of his participation in a pension plan and reliance damages in the form of benefits he relinquished by leaving his former job were not preempted by ERISA, ruled the Sixth Circuit Court of Appeals. The employee alleged that the employer misrepresented the monthly pension to which he would be entitled after five years of employment with the company. The court observed that employers who misrepresent certain benefits provided by ERISA-governed plans to prospective employees cannot later use preemption as an end-run around liability for fraudulent or innocent misrepresentations (Thurman v Pfizer, Inc, 6thCir, May 8, 2007, 154 LC ¶60,407).
For more information on this and other topics, consult CCH Employment Practices Guide or CCH Labor Relations.
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