The Consolidated Appropriations Act of 2023 was signed into law on December 29, 2022, and has ushered in one of the most significant pieces of retirement plan legislation in recent memory. SECURE Act 2.0 (SECURE 2.0) contains...more
3/1/2023
/ 401k ,
403(b) Plans ,
Automatic Enrollment ,
Consolidated Appropriations Act (CAA) ,
Employee Benefits ,
Employee Contributions ,
Hardship Distributions ,
Multi-Employer Pensions ,
Required Minimum Distributions ,
Retirement Plan ,
Retirement Plan Providers ,
SECURE Act
The U.S. Department of Labor (the DOL) has proposed an update to its voluntary fiduciary corrections program that, although very limited, will make it easier for fiduciaries to correct some compliance errors in retirement...more
On December 29, 2022, the IRS issued proposed regulations that would permanently allow retirement plans to accept remote participant elections and spousal consents.
PROPOSED REGULATIONS STEM FROM THE COVID-19 PANDEMIC-...more
The Internal Revenue Service has issued proposed regulations describing the rules regarding the 21 percent excise tax on compensation over $1 million and excess parachute payments paid by tax-exempt organizations to certain...more
As a result of the COVID-19 crisis, the IRS has just issued IRS Notice 2020-29 (the notice), which permits (but does not require) employers to provide flexibility to employees to change their elections under cafeteria plans...more
When it comes to complying with the law, the expiration of a statute of limitations can be a welcome relief for employers trying their best to be legally compliant, but discovering that they were not 100 percent correct with...more
President Trump has signed into law the Further Consolidated Appropriations Act of 2020. The act contains two significant developments for employee benefit plans, (1) the passage of the Setting Every Community Up for...more
From tax and health care reform to employee wellness programs to even handheld electronic devices, why should your company be interested in today's hot benefits issues? In today's episode of Employment Law Now, a roundtable...more
12/12/2017
/ 401k ,
Cybersecurity ,
Department of Labor (DOL) ,
Elder Care ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employee Tracking ,
Employer Liability Issues ,
Fees ,
Fiduciary Rule ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Savings Accounts ,
Human Resources Professionals ,
Pensions ,
Retirement Plan ,
Wellness Programs
Though many in the financial services industry were hoping for a reprieve, anyone who receives compensation for providing investment advice in connection with an ERISA plan or IRA will be considered a fiduciary effective June...more
Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump?
During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more
1/12/2017
/ 21st Century Cures Initiative ,
Affordable Care Act ,
Ambush Election Rules ,
Americans with Disabilities Act (ADA) ,
Anti-Retaliation Provisions ,
Antitrust Provisions ,
Arbitration ,
Asset Seizure ,
Ban the Box ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Criminal Investigations ,
DACA ,
Decriminalization of Marijuana ,
Defend Trade Secrets Act (DTSA) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Disability Discrimination ,
Dream Act ,
E-Verify ,
EB-5 ,
EB-5 Regional Centers ,
Educational Institutions ,
EEO-1 ,
Email Policies ,
Employee Definition ,
Employee Handbooks ,
Employee Restrooms ,
Employees ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Foreign Workers ,
Gender-Based Pay Discrimination ,
Gig Economy ,
Graduate Students ,
H-1B ,
Healthcare ,
Hospitals ,
HRA ,
Immigrants ,
Immigration Reform ,
Independent Contractors ,
Intellectual Property Protection ,
Joint Employers ,
Management Rights Clauses ,
Marijuana ,
Medical Marijuana ,
Mexico ,
Minimum Salary ,
Minimum Wage ,
Misclassification ,
NLRA ,
NLRB ,
Non-Compete Agreements ,
Obama Administration ,
OFCCP ,
Over-Time ,
Pay Transparency ,
Persuader Rules ,
Protected Activity ,
Right to Strike ,
Section 7 ,
Sick Leave ,
Small Business ,
Staffing Agencies ,
Teaching Assistants ,
Trump Administration ,
Unions ,
USCIS ,
Wage and Hour ,
Whistleblower Protection Policies ,
Whistleblowers ,
White-Collar Exemptions ,
Witness Statements
On December 13, 2016, President Obama signed the 21st Century Cures Act (the Act), which provides government funding and support for a number of health care initiatives. Significantly, the last section of the Act eases...more
On December 13, 2016, President Obama signed the 21st Century Cures Act (the Act) that provides government funding and support for a number of health care initiatives. Significantly, the last section of the Act eases...more
A recent class action settlement serves to remind employers that the Consolidated Omnibus Budget Reconciliation Act, commonly referred to as COBRA, has real fangs in the hands of the plaintiffs’ bar. A large financial...more
Participants in Anthem Inc.’s $5.1 billion 401(k) plan have sued plan fiduciaries, alleging that they have top-shelf tastes that constitute a breach of the duties of loyalty and prudence owed to participants, and that the...more
The Supreme Court of the United States recently handed down a decision that opens the door for participants in ERISA-covered benefits plans to stop a lawsuit against them in its tracks by doing something that most people love...more
The U.S. Department of Labor (DOL) issued long awaited re-proposed regulations governing fiduciary status and investment advice titled “Definition of the Term ‘Fiduciary’; Conflict of Interest Rule—Investment Advice” for...more
In This Issue:
Message from the Chair; Social Media and the Workplace: 2013 and Beyond; Unpaid Internships: Training Ground or Legal Landmine?; Supreme Court’s Nassar Decision Sets Higher Causation Standard for a...more
1/7/2014
/ Affirmative Action ,
Background Checks ,
Big Data ,
Causation ,
D.R. Horton ,
Department of Labor (DOL) ,
Disability ,
Discrimination ,
ENDA ,
Family and Medical Leave Act (FMLA) ,
Minimum Wage ,
OFCCP ,
Religious Discrimination ,
Same-Sex Marriage ,
SCOTUS ,
Social Media ,
Unpaid Interns ,
US v Windsor ,
UT Southwestern Medical v Nassar ,
Veterans ,
Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA)
The IRS has issued IRS Notice 2013-71, allowing limited carry-over of amounts in employees’ flex plan accounts to the following plan year. Under the guidance employers may permit participants to carry over up to $500 of...more