The federal government is suing the owners of a Columbus printing company and their pension plan administrator, claiming they all failed to execute their fiduciary responsibilities to employees. At issue is more than $400,000 in funds missing from two pension accounts set up for employees of Clark Graphics.
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Resourceful defense attorneys have tried a few legal tactics to help employers defend against wage-and-hour class-action lawsuits. One strategy is to “tender an offer of judgment” to the named plaintiff before the case gets to the collective-action certification stage. Unfortunately, the 3rd Circuit Court of Appeals has removed this arrow from defense counsels’ quiver.
When an employee files for bankruptcy, he’s supposed to list any claim he has against an employer as an asset—for example, a lawsuit that requests monetary damages. But what happens if the employer files for bankruptcy? Does the employer have to list any claim against it as a liability?