Labor & Employment Blog Posts From October 2022

• Blog: Eighth Circ. Finds Financial Conflict of Interest Not Always Sufficient to Constitute Breach of ERISA Fiduciary Duty of Loyalty
  Date: October 20, 2022 Title: Eighth Circ. Finds Financial Conflict of Interest Not Always Sufficient to Constitute Breach of ERISA Fiduciary Duty of Loyalty
  Summary: In recent years, there has been a proliferation of lawsuits alleging breach of fiduciary duty against sponsors of 401(k) plans and service providers to those plans under the Employee Retirement Income Security Act, or ERISA. In a recent case, the Eighth Circuit held that a plan service provider did not violate ERISA despite having the ability to unilaterally set a low interest rate on a proprietary investment it offered to the employer’s 401k plan, and then profited from participants who invested in it....
• Blog: Pennsylvania Dept. of Labor and Industry Updates Minimum Wage Act for Tipped and Overtime Employees
  Date: October 06, 2022 Title: Pennsylvania Dept. of Labor and Industry Updates Minimum Wage Act for Tipped and Overtime Employees
  Summary: After maintaining the same overtime regulations for more than four decades, for the second time in less than two years, the Pennsylvania Department of Labor and Industry (DLI) has updated the Pennsylvania Minimum Wage Act to expand wage protections to tipped and overtime employees. Effective August 5, 2022, the DLI revised its wage regulations regarding compensation for tipped and salaried employees with fluctuating schedules who work overtime....