News & Analysis as of

Employee Benefits

School Employee Who Resigned After Her Hospitalization Coverage Was Reduced Entitled To Unemployment Compensation

by Tucker Arensberg, P.C. on

Forbes Road School District V Unemployment Compensation Board of Review, Commonwealth Court of Pennsylvania, Case No. 1814 C.D. 2016 - Claimant was hired as a paraprofessional at $10.15 an hour. She completed health...more

Is Going on Holiday Going Away? UK/EU Employers Confront Challenges Posed by Employees Who Don’t Take Their Vacations

by Vedder Price on

While many US employers struggle to make sense of the patchwork of state and local sick leave laws, European Union (EU) employers face a different set of challenges involving mandatory vacation entitlements. In the EU, the...more

Unclear Writing Creates ERISA Liability

by Sherman & Howard L.L.C. on

An employer breached its fiduciary duty under ERISA by failing to inform benefit plan participants of the covered health insurance benefits in terms a reasonable person would understand. The employer was the plan...more

Pension Alert - September 2017

by Hogan Lovells on

Hogan Lovells pension group is delighted to send you our September e-newsletter. Topics covered include, restrictions on early exit charges, and case judgements on the validy of limits on future pensionable pay and a...more

The Trouble With 401(k) Investment Policies

by SmithAmundsen LLC on

The most common area in which 401(k) plans are being scrutinized these days is in their selection and design of investment offerings. While participants often get to direct how their funds are invested, that direction is...more

401(k)/403(b) Loan Borrowers – Check Your Paystubs!

by Foley & Lardner LLP on

A recent tax court case, Louelia Salomon Frias, v. Commissioner, TC Memo 2017-139, illustrates why it is good practice to verify that employee loan repayments have been timely deducted. Plan Loan Requirements. An employer...more

Venezuela Anuncia Aumento del Salario Mínimo y del "Cestaticket Socialista"

by Littler on

Mediante los Decretos N° 3.068 y N° 3.069 publicados en Gaceta Oficial N° 41,231, de fecha 7 de Septiembre de 2017, el Presidente Nicolás Maduro aumentó el salario mínimo mensual en un cuarenta por ciento (40%) y ajusta la...more

Retirement Plan and Leave Donation Programs During States of Emergencies

by Carlton Fields on

This article should interest employers offering retirement plan benefits or leave donation programs to employees affected by Hurricanes Harvey and Irma, in particular, and in various states of emergencies, in general. It...more

Venezuela Announces Increases to the Minimum Wage and Meal Benefit

by Littler on

Through Decrees N° 3.068 and 3.069, published in the Official Gazette N° 41.231 on September 7, 2017, Venezuela’s President Nicolás Maduro increased the monthly minimum wage by 40% and "the meal benefit” calculation base to...more

Supreme Court to Decide Whether Covered Class Actions May Be Litigated in State Court

As the beginning of the next US Supreme Court term nears, one case in particular has caught our attention, as the question presented asks whether state courts have jurisdiction over certain securities class actions. The case...more

Lawsuits Are Focused on Wellness Program Compliance. Are You?

by Alston & Bird on

Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

Alberta Extends Deadline to File Actuarial Valuation Reports

On September 11, 2017, the Alberta Treasury Board and Finance announced that the Superintendent of Pensions has extended the deadline to file actuarial valuation reports prepared as at December 31, 2016, by six months, to...more

Well, I Know a Little About Wellness Programs: Court Finds EEOC’s Incentive Limit Unsupported, Remands to Agency

On August 22, 2017, the U.S. District Court for the District of Columbia issued its decision in the American Association of Retired Persons, Inc.’s (AARP) challenge to the wellness program regulations issued by the U.S. Equal...more

Internal Revenue Service Provides Helpful Relief to Hurricane Victims

Announcement 2017-11 (Announcement) provides that a tax-qualified employer retirement plan may treat a distribution to a current or former employee covered by the Announcement as on account of hardship or an unforeseeable...more

Employment News - September 2017

by Hogan Lovells on

Don’t look now – European Court decides monitoring employee's email account did breach privacy right - In Barbulescu v Romania the Grand Chamber of the European Court of Human Rights has decided that an employee's right to...more

Ninth Circuit Holds that ERISA Preempts State Insurance Law Bans on Discretionary Clauses for Self-Funded ERISA Plans

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Ninth Circuit Court of Appeals recently confirmed that ERISA preempts state insurance law bans on discretionary clauses for self-funded ERISA plans....more

Hurricane Harvey Relief for Employees

by Bracewell LLP on

Following Hurricane Harvey and its resulting destruction, many employees are in need of financial assistance and/or early access to retirement funds. We will highlight how employers can make direct financial assistance...more

Reforma al Reglamento para la Imposición de Multas por el INFONAVIT

by Littler on

El pasado 25 de agosto de 2017 se publicó en el Diario Oficial de la Federación el Decreto por el cual se reforman y adicionan diversas disposiciones sobre la imposición de multas por el incumplimiento de las obligaciones...more

Mexico: New Regulations on Fines for Noncompliance with INFONAVIT Law

by Littler on

A new decree, published in the Official Gazette on August 25, 2017, amends several provisions regarding the imposition of employer fines for non-compliance with Mexico's INFONAVIT law. The Instituto del Fondo Nacional de la...more

Funds Talk: September 2017 - Fiduciary Rule Update – September 2017

The long-anticipated and often-delayed new fiduciary rule under the Employee Retirement Income Security Act of 1974, as amended (ERISA) finally went into effect on June 9, with transition relief blunting its impact until...more

Troubling Court Decision Sends Withdrawal Liability Warning To Employers

by Fisher Phillips on

A federal appeals court has handed multiemployer pension plans a blank check to assess increased withdrawal liability against employers exiting a plan. The 11th Circuit Court of Appeals’ recent decision in Westrock RKT...more

IRS announces special relief to help victims of Hurricane Harvey

by McAfee & Taft on

Last week the IRS announced that 401(k) plans and certain similar employer-sponsored retirement plans can make loans and hardship distributions to help victims of Hurricane Harvey....more

Hurricane Harvey Relief for Employee Benefit Plans

by McDermott Will & Emery on

The Internal Revenue Service and the Department of Labor relaxed some deadlines for eligible employee benefit plans and expanded the availability of withdrawals and loans for eligible defined contribution plan participants in...more

DOL and IRS Issue Guidance for Employee Benefit Plans Impacted by Hurricane Harvey

In the wake of massive floods caused by Hurricane Harvey, the Department of Labor (DOL), Internal Revenue Service (IRS), and Pension Benefit Guaranty Corporation (PBGC) have issued initial employee benefit plan guidance. The...more

New EEOC Lawsuit Highlights the Danger of Providing Unequal Benefits to New Parents Based Upon Gender

by Payne & Fears on

On August 30, 2017, the Equal Employment Opportunity Commission ("EEOC") announced that it filed a lawsuit against cosmetics giant Estée Lauder, alleging the company's parental leave program illegally discriminates against...more

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