News & Analysis as of

Retirement Plan Employee Retirement Income Security Act (ERISA) Hiring & Firing

Troutman Pepper

Can Fourth Circuit Plaintiffs be Granted "Surcharge" as a Remedy for Breach of Fiduciary Duty Under ERISA?

Troutman Pepper on

Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?...more

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

ESG: Important New Considerations for Employers

Consideration of environmental, social, and governance (ESG) issues is becoming increasingly important for companies when conducting business and in dealings with investors and employees. The increased emphasis on ESG poses...more

Davis Wright Tremaine LLP

[Event] Annual Employee Benefits and Employment Law Seminar - March 8th, Seattle, WA

Join us for our Annual Employee Benefits and Employment Law Seminar, covering the latest updates and practical insights on benefits, labor, and employment issues. Topics include: - SECURE 2.0 - ERISA Litigation...more

Fisher Phillips

SCOTUS Review: 8 Key Rulings from Last Term that Impact the Workplace and 3 Issues We’re Watching

Fisher Phillips on

Many employers looked to the Supreme Court last term for clarity in cases with a significant impact on the workplace. The justices continued to shape the employment law landscape by ruling on an array of issues involving...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Great Resignation will lead to greater missing participants

There is a reason I stopped working for people, so I understand the Great Resignation and people’s disgust with working with others, and that was way before COVID....more

Fisher Phillips

The Top 14 Workplace Law Stories from January 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Top 10 Workplace Law Predictions for 2022

Fisher Phillips on

Workplace law has changed dramatically over the past two years of the pandemic. Unfortunately, 2022 (or is it “2020 too”?) is shaping up to be another year full of new rules and regulations within this volatile area of law....more

Rivkin Radler LLP

Employee Benefit Plan Review – From the Courts

Rivkin Radler LLP on

Second Circuit Affirms Decision Rejecting ERISA Claims for Retiree Health Benefits The U.S. Court of Appeals for the Second Circuit has affirmed a district court’s decision dismissing claims under the Employee Retirement...more

Morgan Lewis - ML Benefits

COVID-19-Related Layoffs May Create More Liabilities for Retirement Plans

As the effects of the coronavirus (COVID-19) pandemic hit the United States, downsizings and shutdowns are spreading indiscriminately throughout the economy. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The question of providing information

ERISA requires disclosure of certain plan documents to participants including a summary plan description, statements, and notices. The problem is what do you do with people who aren’t participants such as potential employees?...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Watch for any Potential Conflicts of Interest

It’s amazing sometimes how people are blind to conflicts of interest that are as clear as day. In my local hamlet, the Library Board hired a School District board member as their attorney even though there is a financial...more

Dickinson Wright

Company Liable for Not Providing Accurate Information about Benefits

Dickinson Wright on

A recent court case, Erwood vs Life Insurance Company of North America, is a reminder that plan sponsors must understand the terms of their welfare and retirement benefit plans, and ensure that their staff follows the...more

Stinson - Benefits Notes Blog

Owner/Trustee of 401(k) Plan Accused of Having Eyes Wide Shut on Fiduciary Duties

Last June I blogged about the trend of participant fee class actions moving down to smaller 401(k) Plans. Occasionally, class actions are brought based on other breaches of fiduciary duties, particularly those involving...more

Zuckerman Spaeder LLP

Hold on to Your (Top) Hat: ERISA Section 502(a)(3) May Be Used to Enforce the Terms of a “Top-Hat” Benefits Plan

Zuckerman Spaeder LLP on

Thanksgiving is typically a time for gratitude, gathering with family, and acts of kindness among fellow men and women. But in one recent case, a bank used Thanksgiving to force-feed a separation agreement to its outgoing...more

Proskauer - Employee Benefits & Executive...

ERISA Section 510 Interference Claim Time Barred

A federal magistrate judge in Pennsylvania recommended that a class action complaint claiming that AlliedBarton terminated certain employees to prevent them from reaching eligibility for vacation benefits be dismissed as...more

Holland & Knight LLP

New Oregon Laws: Criminal Background Checks and State Retirement Savings Plan - “Ban the Box” and Oregon Retirement Savings Plan...

Holland & Knight LLP on

Two new Oregon laws establish policies regarding employer criminal background checks and questions for applicants and a state-run retirement savings plan. In part, Enrolled House Bill 3025 (HB 3025) bans the practice by some...more

Williams Mullen

ERISA Case Highlights Importance of Written Releases at Termination of Employment: Sullivan v. Stanadyne Corporation

Williams Mullen on

A federal court has dismissed claims for enhanced retirement benefits in a case highlighting a participant’s written release of claims at the time of his employment termination. Sullivan v. Stanadyne Corporation, Case No....more

Littler

Draft Appropriations Bill Seeks to De-Fund Various Regulatory Efforts

Littler on

A draft House appropriations bill to fund various federal agencies, including the Department of Labor, for Fiscal Year 2016 includes several provisions that would effectively halt a number of controversial regulatory efforts....more

Proskauer - Employee Benefits & Executive...

Sixth Circuit: ERISA’s Whistleblower Provision Doesn’t Protect Giving Information

The Sixth Circuit (in a 2-1 decision) recently held that ERISA Section 510 does not protect unsolicited employee complaints. See Sexton v. Panel Processing, Inc., 2014 U.S. App. LEXIS 8752 (6th Cir. May 9, 2014). Plaintiff...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The Plan Checklist That Every Retirement Plan Sponsor Needs

While they don’t have a book called Retirement Plan Sponsorship for Dummies, they should. So in the interim, here is a checklist that plan sponsors should review that can help them develop good practices and avoid unnecessary...more

Laner Muchin, Ltd.

Improve Compliance Of Retirement And Group Health Plans In 2014

Laner Muchin, Ltd. on

Retirement plan fiduciaries should consider the following best practices to improve their plan’s governance in 2014: (i) if fiduciary duties have been delegated, make certain that the delegations are in writing and are being...more

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