Latest Publications


Sample ADA Notice for Wellness Programs

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires...more

…more on the final Fiduciary Rule

So April has finally arrived … and so has the final fiduciary rule–as Andrew Holly mentions in our prior post. It comes about 40 years after the Department of Labor first published a fiduciary rule. That was before 401(k)...more

Employer Stock Roundtable

We had a great client Dorsey Roundtable on March 24, 2016 to discuss employer stock in retirement plans. It’s been a few years now since the 2013 blockbuster opinion from the Supreme Court (back when they had 9 justices) in...more

State Retirement Plans (3 of 3) — Will the States get it right on retirement policy?

This is Part 3 of our series on State Retirement Plans. We have to admit this has been eye-opening. ...more

The Supreme Court Once Again Visits The Employer Stock Dispute — Amgen, Inc. v. Harris

Background — fiduciary obligations vs. ERISA’s specific nod to employer stock. Courts have long struggled to determine how to reconcile ERISA’s rules explicitly allowing participants in defined contribution plans to invest in...more

State Retirement Plans (2.5 of 3) Carrots instead of Sticks — marketplaces, prototypes and “closed MEPs”

This is Part 2.5 of a 3-part series on state retirement plan legislation. Part 1 was an Overview. Part 2 focused on recent Department of Labor guidance making it easier for states to get a bit heavy-handed by mandating...more

ACA Reporting Anecdotes

ACA Filing Extensions. Here’s the latest from our ACA-anecdotes desk. ...more

IRS Notice 2016-4 — ACA Reporting Extension for Forms 1094 & 1095

IRS Notice 2016-4 makes for some happy reading. (IRS Notice 2016-4) - Background. All Applicable Large Employers (those with 50 or more full time equivalent employees) must report on Form 1095 whether they offered...more

Monday Briefing – Consolidated Omnibus Appropriations Act, Fiduciary Rule, HIPAA Audits, Determination Letters

The “Consolidated Appropriations Act, 2016? bill has been signed. ( (CNN) (GPO). We discussed the bill briefly last week, but a few things are worth repeating...more

Wednesday Benefits Developments – Cadillac Tax, Fiduciary Rule, ACA Reporting & More

Interest rates going up? Easy call. But what about those benefits developments from Wednesday? There’s plenty to digest over the last few weeks in December. Here’s a sampling of what we found interesting....more

Monday (afternoon) Briefing – Fiduciary Rule, Cadillac Tax & grab-bag guidance

We’re running a little behind today. Here are some post-climate talk, pre-budget bill things to think about in the benefits world....more

Monday Briefing: Supreme Court talks ERISA (again) and Senate votes to repeal Cadillac Tax

Let’s see. It’s early December. That means open-enrollment is winding down for many, year-end checklists are in vogue and ACA has survived for another year. ...more

12/7/2015  /  Affordable Care Act , DOL , ERISA , Form 5500

Lessons Learned: Benefit Plan Schedules

A while back I was working on one of those classic artifacts of employee benefits lawyering—a schedule to a document. In this case it was a schedule of benefit programs covered by a welfare plan umbrella plan document....more

State Retirement Plans (2 of 3) The Stick — DOL Guidance and State-Based IRA Programs

This is Part 2 of a 3-part series on state retirement plan legislation. Part 1 was an Overview. Here we focus on recent guidance issued by the Department of Labor that makes it easier for states to take a prescriptive...more

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

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

Monday Briefing: Cadillac Tax Developments & More

Here are a few things to consider alongside your cyber-Monday web-surfing... ..We have some very good intelligence suggesting that Congress is considering pushing the Cadillac (tax) down the road a few years. ...more

Monday Briefing: the retirement edition

Many expect retirement policy to be a focus of the next Congress. That seems to be supported by recent events....more

11/23/2015  /  DOL , ERISA , Pensions

Monday Briefing: why retire, best practices for employer-sponsored health, document dump

How many of you are tired of ACA reporting questions? Here are a few other things to take your mind off Forms 1094 and 1095...more

Monday Briefing

A few things to ponder as you start your week in the world of employee benefits. ..Another rock (or is it a hard place?) for wellness plans. EEOC issues proposed rules under GINA. (EEOC Proposed Regs) (EEOC Fact Sheet)...more

11/2/2015  /  EEOC , ERISA , GINA , PBGC , Wellness Programs

Monday Briefing

Today’s Monday Briefing is “short form” to give time to prepare for Dorsey’s annual Corporate Counsel Symposium (over 900 attendees the last time we checked) featuring a panel discussion on “Avoiding Liability in the Rapidly...more

10/26/2015  /  ERISA , GAO , IRS , TPAs

Monday Briefing

As predictably as the leaves changing in “the North,”the benefits world is starting to see lots of activity. Here’s a sampler....more

Monday Briefing

Just back from American Benefits Council Board meeting in Chicago. More on that later this week. Here are some happenings in the benefits world...more

Monday Briefing

Here’s your short-form Monday Briefing for the first week of October....more

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