Stinson Leonard Street - Employee Benefits & Compensation

150 South Fifth Street Suite 2300
Minneapolis, MN 55402, United States

Contact: Jason Wibben

  • 612.335.7222
  • 612.335.1657

IRS Announces 2015 Benefit Plan Limits

The Internal Revenue Service has released the 2015 cost of living adjustments affecting dollar limits on benefits and contributions under qualified retirement plans…more
| Labor & Employment Law, Taxation

Pruitt v. Burwell Ruling Unlikely to have Major Impact on Employers in Near Term

AffOn Tuesday, September 30, federal Judge Ronald White of the Eastern District of Oklahoma ruled in Pruitt v. Burwell that the plain text of the Patient Protection and Affordable Care Act (“PPACA”) does not allow for the…more
| Civil Procedure, Labor & Employment Law, Health, Insurance, Taxation

Penalty for Employer Missed COBRA Notice Affirmed

Almost two years ago I blogged about a federal district court decision from Alabama that imposed a penalty of $37,950 ($75 a day) on an employer that failed to provide a COBRA notice for a dental plan to a former employee. With…more
| Civil Remedies, Labor & Employment Law, Health

Employers Should Monitor Closely Group Term Life Insurance Enrollments

Many employers offer group term life insurance, including supplemental life. Often an employee who wants to buy coverage above a particular level after an initial open enrollment period must show evidence of insurability. This…more
| Civil Procedure, Labor & Employment Law, Insurance

Failure to Cover Applied Behavior Analysis for Autism Spectrum Disorder Violates Federal Mental Health Parity Law

Parents have searched for effective therapies for children with autism spectrum disorder. One therapy that has shown promise, at least for some children, is applied behavior analysis (“ABA”), which is an intensive behavioral…more
| Labor & Employment Law, Health, Insurance

Governments May Be Exempt From ERISA, But They Are Not Exempt From Securities Laws

ERISA lawyers know that employee benefit plans offered by state and local governments to their employees are not subject to ERISA, the federal law that generally governs benefit plans of private employers. However, other federal…more
| Labor & Employment Law, Finance & Banking, Securities Law

Oral COBRA Notice OK?

In a recent District Court opinion, a judge dismissed a COBRA claim against an employer based on the oral notice the employer gave a former employee of her right to continue coverage under COBRA. The court said that the statute…more
| Civil Procedure, Labor & Employment Law, Health

Lost Participant? Did you Try Google?

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor recently updated its guidance to retirement plan fiduciaries on due diligence and efforts to locate missing participants in the case of…more
| Labor & Employment Law, Finance & Banking, Wills, Trusts, & Estate Planning

Filed Your 2013 Health and Welfare Plan 5500s? Did you Include Your M-1 Attachments?

A provision of the Affordable Care Act of 2010 (ACA) included additional reporting requirements and greater U.S. Department of Labor (DOL) oversight of Multiple Employer Welfare Arrangements (MEWAs). The DOL’s Employee Benefits…more
| Labor & Employment Law, Health

What Should the Trustee of a Private ESOP Do?

The Department of Labor (DOL) recently entered into an agreement with GreatBanc Trust Company settling claims relating to its service as trustee of an employee stock ownership plan (ESOP) holding stock of a private company. The…more
| Civil Remedies, Labor & Employment Law, Finance & Banking, Business Torts, Securities Law

IRS Issues Guidance on Qualified Plan Amendments Regarding Same Sex Spouses

Employers have been considering the impact on benefit programs, including the qualified retirement plans, of the U.S. Supreme Court’s decision recognizing the validity of same sex marriages. In September, 2013, the IRS issued…more
| Civil Rights, Labor & Employment Law, Finance & Banking, Family Law, Taxation

It is Always Good to Follow the Plan’s Claims Procedure in Denying a Claim – Part 2

Some months ago I blogged about an Eighth Circuit Court of Appeals decision involving high ranking executives participating in a company’s long term incentive plan where the executives won their suit under the plan, at least in…more
| Civil Procedure, Labor & Employment Law, Finance & Banking, Business Torts

Welfare Benefit Plan Might Not Be Required To Cover Same Sex Spouses

Much has been written about the impact of the Supreme Court’s decision last term declaring unconstitutional the provision of the Defense of Marriage Act (DOMA) that required federal law not to recognize same sex marriages. Since…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Finance & Banking

Eighth Circuit Decisions Reminds Employers Of Importance Of Granting ERISA Plan Administrators Discretion To Interpret Plan Terms

Recently, the United States Court of Appeals for the Eighth Circuit released an opinion which highlights the importance of ensuring ERISA plan documents grant plan administrators the discretion to construe and interpret the…more
| Civil Procedure, Commercial Law & Contracts, Labor & Employment Law, Insurance, Wills, Trusts, & Estate Planning

Can A Failure To Hire Violate ERISA?

A recent decision of the federal district court for the southern district of Ohio raises interesting questions under Employee Retirement Income Security Act of 1974 (ERISA) that might also affect employer liability under the…more
| Civil Procedure, Civil Rights, Labor & Employment Law, Health
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