Robert Projansky

Robert Projansky

Proskauer Rose LLP

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DOL’s New Audit Focus? Health Plan Claims and Appeals and Hard to Value Assets

In recent talks and appearances, representatives of the U.S. Department of Labor have issued a warning about new areas of focus of DOL audits and enforcement actions. While there are a number of different enforcement...more

11/21/2014 - Administrative Appeals AICPA Audits Benefit Plan Sponsors Claims Procedures DOL Health Insurance Retirement Plan Strategic Enforcement Plan

Contributing Employers to Multiemployer Plans Are Not Off the Hook – Tracking the Full-Time Status of Employees

Contributing employers to multiemployer plans were relieved by the Treasury Department’s interim guidance stating that they will not be subject to the employer shared responsibility payments under the Affordable Care Act...more

11/11/2014 - Affordable Care Act Employer Contributions Employer Liability Issues Full-Time Employees Multiemployer Plan U.S. Treasury

The ERISA Litigation Newsletter - April 2014

This month we discuss the evolving case law on the issue of whether unpaid employer contributions due under a collective bargaining agreement can be viewed as plan assets such that the individuals who decide to withhold such...more

4/21/2014 - Breach of Duty Collective Bargaining ERISA Executive Compensation Fiduciary Duty Healthcare Healthcare Reform IRS Severance Pay Tax Reform

Supreme Court Finds Severance Payments are Subject to FICA

On March 25, 2014, in a decision highly anticipated by employers, the U.S. Supreme Court held unanimously that certain severance payments paid to employees who were involuntarily terminated were taxable wages for purposes of...more

4/1/2014 - FICA Taxes Quality Stores SCOTUS Severance Pay

More Multiemployer Plan Relief – Final Rule Exempts Self-Insured/Self-Administered Plans from Transitional Reinsurance Fee in 2015...

On March 5, 2014, the Department of Health and Human Services released a Final Rule addressing, among other things, transitional reinsurance fees payable in the 2014 through 2016 benefit years. By way of background,...more

3/7/2014 - Affordable Care Act Employee Benefits Healthcare Healthcare Reform HHS Multiemployer Plan Reinsurance Self-Insured Health Plans

Relief for Multiemployer Plans (and the Employers That Love Them)

As previously reported, on Monday, February 10, 2014, the IRS released final regulations on the Affordable Care Act’s (ACA) employer “shared responsibility” provisions, also known as the “pay-or-play” mandate. While the final...more

2/21/2014 - Affordable Care Act Employee Benefits Employer Mandates Healthcare Multiemployer Plan

The ERISA Litigation Newsletter; November 2013

In This Issue: - Labor and Employment and ERISA Class Actions After Wal-Mart and Comcast — Practice Points for Defendants (Part I – Commonality)* - Agencies Release Guidance on HRAs, FSAs, and Employer Payment...more

11/22/2013 - Affordable Care Act Class Action Class Certification Comcast Competition Damages Discrimination Dukes v Wal-Mart ERISA FICA Taxes Flexible Spending Accounts Gender Discrimination Healthcare Healthcare Reform HRA IRS Penalties Rule 23 Same-Sex Marriage SCOTUS Section 409A Severance Pay Tax Refunds US v Windsor Wal-Mart

Supreme Court to Decide Whether RIF-Related Severance Pay Is Subject to FICA

Although some would argue that the next U.S. Supreme Court term is not shaping up to be as monumental as the last term, employers should have their eye on the recent decision of the Court to hear United States v. Quality...more

10/7/2013 - FICA Taxes Medicare SCOTUS Severance Pay Social Security Termination Withholding Requirements

IRS Clarifies Applicability of Pay or Play to Multiemployer Plans’ Contributing Employers

Last Friday, employers contributing to multiemployer plans received some good news. As expected, the Internal Revenue Service amended the transition rule for 2014 originally set forth in its proposed regulations on the pay or...more

3/25/2013 - Collective Bargaining Healthcare IRS Multiemployer Plan Statutory Waiting Period

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