Stinson Leonard Street - Employee Benefits & Compensation

Inside Trustees for Small Minnesota 401(k) Plan Face Class Action Over Excessive Fees

A Minneapolis law firm recently filed a class action complaint against Lamettry’s Collision, Inc. and the Trustees of its 401(k) Plan, CFO Stephen Daniel and President Joan Lamettry for various breaches of fiduciary duty with…more
| Civil Procedure, Finance & Banking, Labor & Employment Law

What You Say in Your SPD About Claims Processing Makes a Difference

Employers who self fund their medical plans often have contracts with their third party administrators about claims processing. Some of those contracts provide that the claims processor has discretion to decide claims; others…more
| Civil Procedure, Commercial Law & Contracts, Health, Labor & Employment Law

Bad COBRA Notices Can Cost You

Sun Trust Bank was sued in a class action challenging its COBRA notice. The plaintiffs who brought the lawsuit claimed that the COBRA notice was materially deficient in that it failed to provide the name and address of the party…more
| Civil Procedure, Civil Remedies, Health, Labor & Employment Law

Beware the Retroactive QDRO

Employers know that they must honor qualified domestic relations orders (QDROs) that assign a portion of a retirement benefit to a participant’s former spouse, known as an alternate payee, when the participant and alternate…more
| Finance & Banking, Labor & Employment Law

Time to Review Plan Subrogation Procedures, Part 2

I blogged a few days ago about the U.S. Supreme Court decision making it harder for plans to recover from a third-party settlement fund for the amount the plan paid when a participant is injured by that third-party. A recent…more
| Health, Labor & Employment Law

Time to Review Plan Subrogation Procedures

Most self-funded ERISA medical plans provide that participants who have been injured by other people (think car accidents) must reimburse the plan if the participant recovers from the other person for those injuries. In order to…more
| Civil Procedure, Civil Remedies, Labor & Employment Law, Personal Injury

EEOC Loses Another Wellness Case, Part 2 – Beware the ACA Penalties

In my last blog post, I discussed a recent loss by the EEOC in its efforts to limit the ability of employers to require employees to complete health risk assessments (HRAs) or biometric screenings in order to enroll in the…more
| Civil Rights, Health, Labor & Employment Law, Taxation

EEOC Loses Another Wellness Case, Part 1

The EEOC has been bringing lawsuits against employers challenging wellness programs. A recent case involved a company that had previously provided a credit to employees enrolled in the health plan who participated in a health…more
| Civil Rights, Health, Labor & Employment Law

FICA Lawsuit Settles For Over $3 Million

I have previously blogged about a lawsuit brought by participants in a nonqualified deferred compensation plan where the employer failed to report and pay FICA (social security) taxes in the most tax advantageous way. The…more
| Finance & Banking, Labor & Employment Law, Taxation

New Reportable Events Filing May Affect Borrowers with Defined Benefit Pension Plans

This article is for employers who sponsor defined benefit plans that are subject to Pension Benefit Guaranty Corporation (PBGC) coverage. Those employers pay premiums to the PBGC and also are required to report certain events to…more
| Finance & Banking, Labor & Employment Law

IRS Relaxes Rules for Mid-Year Changes

Since its availability, many 401(k) plan sponsors, particularly smaller employers have adopted a “Safe Harbor” plan design under Code Section 401(k)(12) or (13) and 401(m)(11) or (12). Safe Harbor plan designs include both a…more
| Finance & Banking, Labor & Employment Law, Taxation

Another ROBS Gone Wrong – IRS Disqualifies ESOP

On November 23, 2015 the U.S. Tax Court issued a declaratory judgment that the Internal Revenue Service (IRS) did not abuse its discretion in issuing a Letter of Revocation of the tax qualified status of the Fleming…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Securities Law, Taxation

Federal Court Determines that Employer Use of Employee Health Insurance Premium Payments Breach of ERISA Fiduciary Duties

On November 9, 2015, Minnesota Federal District Judge Susan Richard Nelson ruled that the president and CEO of Faribault Woolen Mills Company breached his fiduciary duties under ERISA by diverting Employee health insurance…more
| Health, Labor & Employment Law

What Does the Trust Requirement of ERISA Mean?

ERISA requires that plan assets be held in trust so that they are protected from claims of the employer. With pension plans, it is generally easy to determine when assets become plan assets and when they should be held in trust…more
| Finance & Banking, Labor & Employment Law

IRS Annual Limits on Qualified Plans

The Internal Revenue Service has released the 2016 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans and health savings accounts, which are largely unchanged from…more
| Finance & Banking, Labor & Employment Law, Taxation
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150 South Fifth Street
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Minneapolis, MN 55402, United States

Contact: Jason Wibben

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  • 612.335.1657

Areas of Practice
  • Health
  • Labor & Employment Law
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Other U.S. Locations
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  • Minnesota
  • North Dakota
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