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action ADEA age discrimination alleged apply arbitration argued attorneys award beneﬁts Board Civil Rights Act claim COBRA collective bargaining agreement companyís contract court concluded court found court held court noted Court of Appeals court rejected courtís decision Daily Lab deﬁned deﬁnition EEOC employees EMPLOYMENT LAW NEWSLETTER entitled ERISA ESOP fees ﬁduciary ﬁduciary duty Fierman ﬁled ﬁnal ﬁnd ﬁnding ﬁrst harassment Hill-Rom hiring issue Judge Kaye Kroy LABOR AND EMPLOYMENT law ﬁrm liability limitations LRRM Matthew Bender ment National Labor Relations Ninth Circuit NLRA NLRB ofthe participants parties pension plan plaintiffs preempted punitive damages qualiﬁed reasonable retroactive rule Scholer Second Circuit Section Seventh Circuit sexual harassment speciﬁc statute statute of limitations summary judgment Supreme Court terminated tion Title VII U.S. Supreme Court unfair labor practice union violation WARN Act workers