Employee Retirement Income Security Act is a United States federal law enacted in 1974 to set minimum standards for pension and health plans in the private sector and to protect participants in those plans.... more +
Employee Retirement Income Security Act is a United States federal law enacted in 1974 to set minimum standards for pension and health plans in the private sector and to protect participants in those plans. ERISA requires plans to provide information to participants, establishes a grievance process, and allows participants to sue for benefits or breach of fiduciary duties.
Common Employment Law Mistakes for Small, Start-Up and Growing Companies
This month our articles focus on the availability of damages in complex ERISA class actions and withdrawal liability actions. Jackie Len first provides Proskauer's perspective on the implications for ERISA litigation arising...more
Health Care Reform: Agencies Issue Proposed Regulations on 90-Day Waiting Period Limitation - On March 21, the IRS, DOL, and Department of Health and Human Services issued proposed regulations on the 90-day waiting...more
The US Department of Labor's Employee Benefits Security Administration (EBSA) has issued two compliance tools to help employers see if their health plans comply with the requirements of Part 7 of the Employee Retirement...more
The Department of Labor ("DOL") recently released a series of final rules affecting health benefits provided through multiple employer welfare arrangements ("MEWAs"). Notably, the 2012 Form M-1 filing deadline has been...more
The Department of Health and Human Services issued final regulations on the Affordable Care Act’s standards for essential health benefits, actuarial value, and accreditation. While these regulations primarily affect...more
As we have written in this space in the past, whether a worker is an employee or an independent contractor can have many consequences. The classification can determine whether the principal is liable for the negligent acts...more
In This Issue: - Health & Welfare Plans ..Health Care Reform: IRS Issues Proposed “Pay or Play” Regulations ..Health Care Reform: IRS Issues FAQs on Various ACA Issues ..HHS Issues Final HIPAA Regulations...more
In This Issue: - Editors' Overview - The Future Role of Experts in ERISA Class - View from Proskauer: Health Insurance Exchanges and Retiree Medical Exits--Five Ways To Make Sure It's Really a "Soft...more
The 7th U.S. Circuit Court of Appeals on Dec. 28 said the owners of an Illinois construction firm deserved a reprieve from the Obamacare mandate that for-profit employers provide contraception coverage in their health plans....more
Results - President Obama became only the second Democratic president to win reelection since Franklin Roosevelt (Bill Clinton being the other), winning both the popular and Electoral College votes. Along with...more
Originally published in Tax Management Weekly Report on 11/05/2012. In a September 27, 2012, front page article, the Wall Street Journal reported that Sears Holdings Corp. and Darden Restaurants, Inc., had adopted a...more
Insurers have begun issuing medical loss ratio (MLR) rebate checks for 2011. Particularly when an MLR rebate is small, you may be tempted to put the check in a drawer and forget about it. Employers should resist that impulse...more
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