News & Analysis as of

Employee Benefits Security Administration

DOL Extends Fiduciary Rule Effective Date for 60 Days

by Clark Hill PLC on

On April 4, 2017, the Department of Labor's Employee Benefits Security Administration ("EBSA") issued a final rule extending the effective date of the DOL's fiduciary rule by 60 days, meaning the new effective date is June 9,...more

Employee Benefits Developments - March 2017

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of March, 2017. Company Owner Found Personally Liable for Unpaid Contributions to Union Benefit Funds...more

DOL Proposes to Delay Fiduciary and Beryllium Rules

by Littler on

In response to recent presidential directives, the U.S. Department of Labor is taking steps to delay the applicability and effective dates of two rules. First, the DOL's Employee Benefits Security Administration (EBSA) has...more

Fiduciary Rule Under Review – Delayed Applicability Date

by Bryan Cave on

In a prior post, we covered President Trump’s order directing the Department of Labor to review the new regulation and, as it deems appropriate, to take steps to revise or rescind it. The Employee Benefits Security...more

2016 in Review: ERISA Criminal Enforcement Rises, Civil Enforcement Falls

The United States Department of Labor (DOL) recently published its Fiscal Year 2016 “Fact Sheet” documenting the criminal and civil enforcement activities of its Employee Benefits Security Administration (EBSA) under the...more

DOL Issues New Guidance on Plan Fiduciaries' Proxy Voting Policies

by Holland & Knight LLP on

The Employee Benefits Security Administration (EBSA) published Interpretive Bulletin (IB) 2016-1 on Dec. 29, 2016, relating to the exercise of shareholder rights and written statements of investment policy, including proxy...more

DOL Fiduciary Rule? No Certainty

by Kiesewetter Law Firm on

The U.S. Department of Labor’s (“DOL”) April 6, 2016 new fiduciary rule (“Fiduciary Rule” or “Rule”) is under attack. Although the Rule became effective on June 7, 2016, it has an April 10, 2017 applicability date. With the...more

ERISA: Happy New Year? 10 Things You Need to Know About the Newly Published Regulations Affecting Future ERISA Claims/Appeals

The Department of Labor’s Employee Benefits Security Administration just published final regulations that change the ERISA disability claims and appeals process. Here are 10 things you should know about these new...more

Workplace Policy Institute Insider Report - January 2017

by Littler on

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

The Trump Administration: Change By Appointment

The election of Donald J. Trump as the 45th President of the United States, along with the Republican control of the majority of both the House of Representatives and the Senate, will likely result in significant changes in...more

Employee Benefits Developments - July 2016

by Hodgson Russ LLP on

Section 409A of the Internal Revenue Code (“Section 409A”) generally provides that, if a plan providing for deferred compensation fails to comply with Section 409A, either in form or in operation, then all amounts deferred...more

Health Care E-Note - May 2016

by Burr & Forman on

On April 6, 2016 the Department of Labor's Employee Benefits Security Administration ("EBSA") issued its long awaited final rule redefining a fiduciary investment advisor (also known as the "conflict of interest rule"),...more

Labor & Employment E-Note - May 2016

by Burr & Forman on

On May 18, 2016, the U.S. Department of Labor issued its final changes to the federal overtime regulations. The final regulations make significant changes to common white collar exemptions from the federal overtime...more

New Fiduciary Rule for Retirement Plans

by Burr & Forman on

On April 6, 2016 the Department of Labor's Employee Benefits Security Administration ("EBSA") issued its long awaited final rule redefining a fiduciary investment advisor (also known as the "conflict of interest rule"),...more

Advisors Advantage - May 2016

by Ary Rosenbaum on

The Struggles Of Being A Retirement Plan Provider And How To Manage It. What you have to deal with. Any good retirement plan financial advisor will tell you that relationships in the retirement plan business mean...more

New Fiduciary Rule: It’s all politics

by Ary Rosenbaum on

You read articles about the Department of Labor’s (DOL’s) new fiduciary rule and experts will tell you that it’s the greatest thing since sliced bread, the worst thing since Caddyshack II, or somewhere in between. I learned a...more

DOL Official Says Office Is Investigating Large Defined Benefit Plans Regarding Locating and Paying Terminated Vested Participants

by McDermott Will & Emery on

Recent comments from an official with the Department of Labor (DOL) indicate that the DOL’s Employee Benefits Security Administration (EBSA) has begun investigating large defined benefit plans to review how plan...more

State Retirement Plans (1 of 3) Overview — States getting into Retirement Policy with help from DOL

by Dorsey & Whitney LLP on

This is Part 1 of a 3 part series on state retirement plan legislation. States are experimenting with their own solutions to fill the gap of an effective national retirement policy. (Sound familiar? Remember health care...more

Be On The Lookout: New Proposed Claims Procedures For ERISA-Governed Disability Benefits Are Coming

The Employee Benefits Security Administration (EBSA) announced plans to publish, on November 18, 2015, new proposed claims procedures for handling ERISA-governed disability benefits. ...more

New Affordable Care Act FAQs Issued

by Franczek Radelet P.C. on

On October 23, the U.S. Department of Labor, the Department of Health and Human Services, and the Department of the Treasury (collectively, the “Departments”) jointly issued answers to frequently asked questions regarding the...more

Final Rule Regarding Preventive Services Under ACA

by Franczek Radelet P.C. on

The Department of the Treasury, DOL, and Department of Health and Human Services (HHS) issued final rules regarding coverage of certain preventive services required to be provided under ACA without cost sharing by...more

DOL Open to Changing Fiduciary Proposal, But Some Press for it to be Scrapped

As we wrote about previously, in April the Department of Labor issued its highly anticipated, re-proposed regulation addressing the standard of care for broker-dealers and other financial professionals who provide retirement...more

Government Finalizes Religious Accommodation, But What About Health Plans, TPAs and PBMs?

In a set of rules published last week, the government finalized a July 2010 interim final rule (“IFR”) related to coverage of certain preventive services and an August 2014 IFR regarding the definition of an eligible...more

U.S. Department of Labor's New Guidance on Independent Contractors Highlights a Key Risk Area for Employers

by Stinson Leonard Street on

Businesses should carefully assess any independent contractor arrangements in light of an “Administrator’s Interpretation” issued on July 15, 2015 by the U.S. Department of Labor’s Wage and Hour Division (DOL). While the...more

EBSA Releases Plan Audit Quality Report, Recommends Stricter Plan Audit Standards

by Franczek Radelet P.C. on

The DOL’s Employee Benefits Security Administration (EBSA) released a report assessing the quality of audit work performed by certified public accountants with respect to financial statement audits of retirement and welfare...more

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