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Executive Orders Employee Retirement Income Security Act (ERISA)

Holland & Knight LLP

DOL Issues Final Rule on Climate Change, ESG Factors for Retirement Plan Investments

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The U.S. Department of Labor (DOL) on Nov. 22, 2022, announced its adoption of amendments to the regulation setting out retirement plan fiduciary duties of prudence and loyalty under the Employee Retirement Income Security...more

Fenwick & West LLP

Considerations for Employers Reimbursing Out-Of-State Travel for Abortion Procedures

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In the wake of the Supreme Court’s Dobbs v. Jackson Women’s Health Organization decision (Dobbs), several states have already begun outlawing abortions and more states are expected to do so. Some states are also considering...more

Mintz

The time is now to get acquainted with the issues concerning the future of money and digital assets

Mintz on

The future of money and digital assets is a vast topic that presents numerous challenges, and it has even caused debate as to whether cryptocurrency is a prudent retirement plan investment. In its July 1, 2022 In Focus...more

Verrill

Department of Labor Guidance and Federal Initiatives Counsel a Wait-and-See Approach for 401(k) Plan Fiduciaries Interested in...

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On March 10, 2022, the Department of Labor published Compliance Assistance Release 2022-01, 401(k) Plan Investments in “Cryptocurrencies”. The Release strongly discourages the addition of cryptocurrency (and other digital...more

K&L Gates LLP

DOL Release Warns About Cryptocurrency in 401(k) Plans

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The Department of Labor (DOL) recently issued a Release that warns about cryptocurrency use in 401(k) plans. The Release raises a number of concerns, including troubling implications for fiduciary duties with respect to...more

Holland & Knight LLP

DOL Requests Information on Protection of Retirement Plans from Climate Risks

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The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) on Feb. 14, 2022, issued a Request for Information (RFI) to gather input regarding the protection of pensions and retirement savings...more

Perkins Coie

DOL Proposes Expanded Use of ESG Factors in ERISA Plan Investment Decisions and Proxy Voting

Perkins Coie on

The U.S. Department of Labor (DOL) published a proposed regulation on October 14, 2021, that would clarify how fiduciaries of private sector employee benefit plans should apply ERISA’s fiduciary duties of prudence and loyalty...more

Latham & Watkins LLP

US Department of Labor Puts ESG Investing Back on the Menu

Latham & Watkins LLP on

A new proposal would amend changes made to ERISA less than a year ago that have proved to be detrimental to ESG investing. In a sweeping reversal of Trump-era policies, the US Department of Labor (DOL) has issued a...more

Fisher Phillips

5 Employer Considerations as Texas Governor Attempts to Ban Workplace Vaccine Mandates

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Earlier this week, Texas Governor Greg Abbott issued an Executive Order immediately restricting entities in the state – including employers – from compelling any individual to receive a COVID-19 vaccination if that individual...more

Foley Hoag LLP - Global Business and Human...

President Biden’s “Climate-Related Financial Risk” Executive Order Pushes Forward on the Administration’s ESG Commitments

On May 20, 2021, President Biden signed an Executive Order to address predicted financial instability in the federal government as a result of climate change. This Executive Order showcases a dramatic change in how the Biden...more

Holland & Knight LLP

The Financial Sector and Government Contractors in the Environmental Bull's-Eye

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The Biden Administration on May 20, 2021, issued its latest and long-awaited Executive Order (EO) on climate-related financial risk. This EO reflects how the administration is continuing to take a "whole of government"...more

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

WARNing - Burdensome New Jersey WARN Act Amendments May Soon Become Effective

There is light at the end of the pandemic tunnel for New Jersey employers, as the state’s COVID-19 numbers continue to decline and Governor Philip Murphy continues to ease restrictions on businesses. But this good news comes...more

Verrill

ESG Ping-Pong®

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The recent regulatory back-and-forth over the investment of ERISA-governed retirement plan assets based on environmental, social, and corporate governance (“ESG”) factors has demonstrated that ESG investing will remain under...more

King & Spalding

Enforcement of ESG Rules Restricting ERISA Retirement Plans on Hold

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The U.S. Department of Labor will not enforce two of its final rules, published in November and December 2020, restricting ERISA retirement plans’ consideration of environmental, social, and governance (“ESG”) factors in the...more

Holland & Knight LLP

Religious Institutions Update: December 2020

Holland & Knight LLP on

In Roman Catholic Diocese of Brooklyn, N.Y. v. Cuomo, No. 20A87, 2020 WL 6948354 (U.S. Nov. 25, 2020) (per curiam), the U.S. Supreme Court enjoined enforcement of the 10- and 25-person occupancy limits on churches in New York...more

Seyfarth Shaw LLP

The Department of Labor Puts Limits on “Guidance” — And Employers and Fiduciaries May Get More Interpretative Flexibility

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Synopsis:  On August 28, 2020, the federal Department of Labor (DOL) issued a final rule entitled “Promoting Regulatory Openness Through Good Guidance” (the “PRO Rule”) that establishes a data base with far fewer “Guidance”...more

McDermott Will & Emery

DOL Issues Final Electronic Disclosure Rule for Retirement Plans

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Under the final rule published by the US Department of Labor on May 21, 2020, retirement plan administrators can choose to deliver required disclosures electronically by complying with the conditions of a new safe harbor. The...more

Pierce Atwood LLP

Class Action Litigation Related to COVID-19: Filed and Anticipated Cases (Updated November 9, 2020)

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Last updated November 9, 2020 Although the COVID-19 pandemic is still unfolding, class actions related to the coronavirus have already arrived and are on the rise. Despite unprecedented court closures and changing procedural...more

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

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

McDermott Will & Emery

DOL and IRS Expand Access to Multiple Employer Plans and Propose to Eliminate the ‘One Bad Apple’ Rule

McDermott Will & Emery on

Recently, the Department of Labor (DOL) published final rules clarifying the circumstances under which “bona fide” groups or associations of employers and professional employer organizations (PEOs) may be permitted to sponsor...more

Flaster Greenberg PC

New ERISA Regulation Expands Access to 401(k) Plans for Small Employers

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In response to an Executive Order issued by the President last year directing regulatory action to expand access to workplace retirement plans, the U.S. Department of Labor (DOL) issued final regulations on the definition of...more

Laner Muchin, Ltd.

Washington Working To Expand Multiple Employer Retirement Plan Options

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The Department of Labor published final regulations on July 31, 2019, making it easier for multiple employers to band together to sponsor a single retirement plan (i.e., a multiple employer plan or MEP), thereby reducing the...more

Dickinson Wright

Increasing Access to Retirement Security

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On August 31, 2018 President Trump issued Executive Order 13847, titled “Strengthening Retirement Security in America”....more

Proskauer - Employee Benefits & Executive...

Departments Publish Final Regulations Expanding the Availability of HRAs

On June 13, 2019, the Department of Labor, together with the Department of Health and Human Services and the Department of the Treasury (collectively, the “Departments”), published final regulations designed to expand the use...more

Pillsbury - Gravel2Gavel Construction & Real...

President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

On April 10, President Trump issued two Executive Orders (EO) relating to the revision of some aspects of federal energy policy and development. 1. The first EO is very comprehensive, affecting many federal agencies and...more

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