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German Employment Law Update | Holidays Without Borders? European Court of Justice Rules That Workers Cannot Automatically Lose Holiday Entitlement

On November 6, 2018 the European Court of Justice (ECJ) passed judgment on two German cases (Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Shimizu [C-684/16] and Kreuziger v Land Berlin [C-619/16]) concerning untaken paid annual leave entitlement. The ECJ ruled that accrued annual leave entitlements cannot be automatically forfeited if the worker does not place a request for holiday, and also applies to compensation claims at the termination of employment. These entitlements only cease if the employer has given workers ample opportunity to take the leave in question on time.

Access the full article in German here.

https://www.employeebenefitsblog.com/2018/12/german-employment-law-update-holidays-without-borders-european-court-of-justice-rules-that-workers-cannot-automatically-lose-holiday-entitlement/

ERISA Class-Action Litigation over Fees in Health and Welfare Plans

Sponsors and fiduciaries of health and welfare plans should be aware of a recently filed class-action lawsuit against alleged fiduciaries of a health plan. It challenges health-plan fiduciary oversight and reasonableness of fees similar to actions against fiduciaries of defined-contribution retirement plans. The action highlights the importance of establishing and documenting prudent fiduciary processes for making decisions on behalf of health and welfare plans.

Access full article.

https://www.employeebenefitsblog.com/2018/12/erisa-class-action-litigation-over-fees-in-health-and-welfare-plans/

#MeToo Movement Implications on Employment Agreements

Given the rise of the #MeToo movement, companies are having to deal with many issues when drafting employee agreement contracts. In a presentation, Evan Belosa discussed these issues, including triggering events, nondisclosure agreements and restrictive covenant changes. He also addressed latest trends in state and local law affecting hiring and management of the workforce.

View the full presentation.

https://www.employeebenefitsblog.com/2018/12/metoo-movement-implications-on-employment-agreements/

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