A Cautionary Tale for Administrators Who Neglect Employee Benefit Plan Terms

Individuals responsible for 401(k) retirement or welfare plan decisions know that the plan document is the first place to look for guidance when deciding a difficult administration question, such as whether a participant is entitled to a benefit. A recent 6th Circuit Court of Appeals case, Laake v. Benefits Committee, Western & Southern Financial Group …

The 6th Circuit Clarifies Retaliation Under the FMLA

On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct under the Family and Medical Leave Act (“FMLA”).  Milmen v. Fieger & Fieger, P.C., No. 21-2685 (6th Cir. …