Participants in their company’s 401(k) plan have come to expect that their employer will protect their personal information from disclosure outside the plan. However, plan participants of Shell Oil’s 401(k) have filed a case in federal court in Galveston, Texas – Harmon v. Shell Oil Company – alleging Shell took no action to stop the plan’s recordkeeper, Fidelity, from using participants’ personal…
In California, individuals been harmed by public entities must comply with the stringent and idiosyncratic requirements of the Tort Claims Act (TCA) in order to preserve their right to pursue legal action and recover damages. While most employees have between 300 days and three years to initiate legal action against their employers, those with claims against public entities have only six…
Earlier this month, U.S. Immigration and Customs Enforcement (“ICE”) reported that Carlos Escobar-Mejia, a 57-year-old Salvadoran man, died in custody at the Otay Mesa Detention Center in California. Mr. Escobar-Mejia was the first reported individual in ICE detention to die from COVID-19. Though Mr. Escobar-Mejia had lived in the U.S. for over 40 years, an immigration judge during a recent bond hearing had…
401(k) documents are notoriously mystifying—and notoriously ignored. “I must say,” admitted Justice Ruth Bader Ginsburg at recent oral argument of the United States Supreme Court, “I don’t read all the mailings that I get about my investments.” For about 72 million American workers, 401(k)s are “nest eggs.” Employees expect their 401(k) investments, along with social security, to provide them with a steady income during…