Employee Benefits

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

by Angela Bohmann, Jewelie Grape, Christina Sans | Leonard, Street and Deinard on 5/20/2013

On Tuesday, May 14, 2013, Governor Dayton signed into law a bill legalizing same-sex marriage in Minnesota (H.F. 1054 and S.F. 925), effective August 1, 2013....more

Government Plans are Exempt from ERISA… But What is the Definition of “Government”?

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/16/2013

You already know that an employee benefit plan qualified as a “government plan” is exempt from ERISA’s framework....more

Converted Individual Disability Policies Governed by ERISA?

by D. Michael Reilly | Lane Powell PC - ERISA Law on 5/15/2013

You already know that an individual disability policy may nevertheless be governed by ERISA, even when the employee pays her own premium. This can occur when the employees benefit from a rate structure or premium discount...more

At-Will Employment

by Michael Kelsheimer | Looper Reed & McGraw, P.C. on 5/10/2013

What does “at-will” employment mean: You might be inclined to think that it means that employees serve at the will of the master, or at the master’s pleasure. While this historically makes sense, “at-will” employment is...more

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

by Joseph S. Adams, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 5/7/2013

On March 26 and 27, 2013, the Supreme Court of the United States heard oral arguments in cases challenging the constitutionality of the federal Defense of Marriage Act (DOMA) and California’s Proposition 8. A Supreme Court...more

Governor signs legislation overhauling workers’ compensation system - Eliminates court-based system; employers now have choices

by McAfee & Taft on 5/7/2013

Today is a historic day for employers in the State of Oklahoma. Governor Mary Fallin signed legislation eliminating the current court-based workers’ compensation system and replacing it with a system that gives employers...more

Legal Alert: President's 2014 Budget Includes Employee Benefits Proposals

by Adam Cohen, Carol McClarnon, Alice Murtos, Joanna Myers, Vanessa Scott, W. Mark Smith, William Walderman, Carol Weiser | Sutherland Asbill & Brennan LLP on 5/1/2013

On April 10, 2013, the White House released its Fiscal Year 2014 Budget (the Budget), which includes a number of proposals related to employee benefit plans. Although it is unlikely that all of the proposals will ultimately...more

Do Not Delay Getting Your QDRO

by Angela Bohmann | Leonard, Street and Deinard - Employee... on 5/1/2013

Employers know that benefits under a retirement plan can be split between a participant and a former spouse in the event of a divorce under the terms of a qualified domestic relations order (QDRO). A domestic relations order...more

Takeover Code Amendments Extend the Rights of Pension Scheme Trustees

by Iain Wright | Morgan Lewis on 4/30/2013

Amendments include new requirements regarding offerors' intentions, documents provided to trustees, trustees' opinions on offers, and publication of agreements between offerors and trustees....more

Inside M&A - Spring 2013

by Joseph S. Adams, Robert Clary II, Thomas P. Conaghan, Jeffrey Holdvogt, Joanne Ludovici, Jennifer Mikulina, Jeffrey Rothschild, Jake Townsend, Jeffrey Wagner | McDermott Will & Emery on 4/30/2013

Top Five Traps for the Unwary in Spin-Offs - A wave of corporate breakups has swept through the United States over the last few years as investors have taken notice of the fact that smaller companies focused on a...more

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

by Lisa Loesel, Jacob Mattinson, Todd Solomon, Brian Tiemann | McDermott Will & Emery on 4/30/2013

Two recent cases challenging benefit eligibility for same-sex spouses highlight the need for employer-sponsored retirement and welfare plans to clearly define "spouse" for eligibility purposes. Employers may want to review...more

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

by Kimberly Ruppel | Dickinson Wright on 4/23/2013

In This Issue: - Supreme Court Update: Where Plan Reimbursement Or Recovery Terms Are Ambiguous Or Silent,Equitable Doctrines May Fill The Gaps: US Airways, Inc. v. McCutchen, 569 U.S. ___ (2013). In an...more

Gratuitous Payments Cannot Be Re-Cast as Accrued Vacation Pay Required by Massachusetts Wage Act

by Renee Inomata | Burns & Levinson LLP on 4/12/2013

A favorite saying of my mentor and colleague in the Labor and Employment Group here at Burns & Levinson is “no good deed goes unpunished.” Over my years of practice, I have found that this phrase oft comes to mind when an...more

“Full and Fair Review” — Okay to Disclose Medical Opinions on Appeal After Appeal Denial

by D. Michael Reilly | Lane Powell PC - ERISA Law on 4/11/2013

What does “full and fair” review during an ERISA appeal mean? Before the appeal decision is made, does the administrator have to disclose to the claimant medical opinions obtained during an appeal? Not if that opinion...more

Legal Alert: Full Implementation Of SHOP Health Exchanges Delayed

by Tiffany D. Downs, Scott V. Wagner | FordHarrison on 4/9/2013

The Department of Health and Human Services ("HHS") recently announced that full implementation of the SHOP component of the state-based health insurance exchanges created by the Affordable Care Act (the "ACA") run in full or...more

Plan’s Funded Status Required to be Disclosed under Freedom of Information Request

by Stephanie Kauffman | Osler, Hoskin & Harcourt LLP on 4/5/2013

Pension plan sponsors may be surprised to learn that information provided to pension regulators pursuant to statutory filing obligations could be more widely disclosed through an “access to information” request. In a recent...more

Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court [Video]

by LXBN on 3/29/2013

Earlier this week, the Supreme Court heard oral arguments on two same-sex marriage cases. The issue at hand is likely the biggest one to go before the Supreme Court this year and a landmark case in our nation’s history....more

Same-Sex Marriage Cases: Are Your Benefit Plans Prepared?

by Christine Hawkins, Dipa N. Sudra | Davis Wright Tremaine LLP on 3/29/2013

News articles, social media, protests, and lunchroom conversation were all dedicated to the two cases before the U.S. Supreme Court this week. Hollingsworth v. Perry and Windsor v. United States could potentially transform...more

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 3/20/2013

The scenario is not difficult to imagine: An employee designates her spouse as the primary beneficiary under her employer’s life insurance and retirement benefit plans. Years later, the couple divorces, and in the marital...more

The Fourth Circuit Opens the Door to Extrinsic Evidence in Considering a Claim for Employee Benefits

by Katherine Lange | Womble Carlyle Sandridge & Rice, PLLC on 3/15/2013

Executive Summary: The Fourth Circuit expands the scope of admissible evidence in an ERISA employee benefits case. The very first principle applied in a lawsuit for benefits from an ERISA-governed employee benefit plan...more

Bankrupt Municipality May Reduce Retiree Benefits

by Aaron Kleven | Sheppard Mullin Richter & Hampton LLP on 3/15/2013

The bankruptcy of the largest U.S. city to file a chapter 9 bankruptcy petition has yielded a decision with serious implications for municipal creditors. Specifically, the United States Bankruptcy Court for the Eastern...more

ERISA can apply to Individual Policies: Offering a group discount constitutes a “contribution” sufficient to create an ERISA plan

by D. Michael Reilly | Lane Powell PC - ERISA Law on 3/5/2013

Can ERISA apply to the claims made on individual policies purchased with discounted premiums? YES. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Home

Legal News

Find a Lawyer

Browse Subjects

Subscribe

Pro Services

For Reporters

Employment And Labor Law Alert: Minnesota's Same-Sex Marriage Law: Effects On Employers

Government Plans are Exempt from ERISA… But What is the Definition of “Government”?

Converted Individual Disability Policies Governed by ERISA?

At-Will Employment

Supreme Court Oral Arguments on DOMA, Proposition 8: Potential Employee Benefit Plan Implications

Governor signs legislation overhauling workers’ compensation system - Eliminates court-based system; employers now have choices

Legal Alert: President's 2014 Budget Includes Employee Benefits Proposals

Do Not Delay Getting Your QDRO

Takeover Code Amendments Extend the Rights of Pension Scheme Trustees

Inside M&A - Spring 2013

Employers Should Review How Plan Documents Define Spouse in Light of Recent Benefits Litigation

ERISA Legal News - 1st Quarter, 2013 • Volume 4, Number 1

Gratuitous Payments Cannot Be Re-Cast as Accrued Vacation Pay Required by Massachusetts Wage Act

“Full and Fair Review” — Okay to Disclose Medical Opinions on Appeal After Appeal Denial

Legal Alert: Full Implementation Of SHOP Health Exchanges Delayed

Plan’s Funded Status Required to be Disclosed under Freedom of Information Request

Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court [Video]

Same-Sex Marriage Cases: Are Your Benefit Plans Prepared?

ERISA Does Not Preempt State Court Order Requiring Beneficiary to Renounce Right to Employee’s Plan Benefits, Fourth Circuit Rules

The Fourth Circuit Opens the Door to Extrinsic Evidence in Considering a Claim for Employee Benefits

Bankrupt Municipality May Reduce Retiree Benefits

ERISA can apply to Individual Policies: Offering a group discount constitutes a “contribution” sufficient to create an ERISA plan

Eastern District Concludes That ERISA Preempts Negligent Misrepresentation Claim

Sequestration May Impact Federal Contractors

Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues [Video]

Analysis of Oral Arguments in the Two Same-Sex Marriage Cases Before the Supreme Court [Video]

Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues [Video]

Expand Your Reach