Georgia Senate Bill 384, signed into law this year, establishes the State of Georgia as a Model Employer (the “GAME”) Program. The GAME Program regulates labor practices of public offices related to the recruitment, hiring,...more
In its most recent step to combat cybersecurity risks to employee benefit plans, the U.S. Department of Labor (DOL) clarified on September 6, 2024, that its guidance on cybersecurity applies to health and welfare plans as...more
11/13/2024
/ Benefit Plan Sponsors ,
Compensation & Benefits ,
Cybersecurity ,
Data Protection ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Personal Data ,
Retirement Plan Providers ,
Risk Management
Many employers offer health insurance as a way to recruit and retain talent. Sponsoring a group health plan, however, can subject the employer plan sponsor to significant legal and regulatory burdens deriving from laws such...more
The 2023 college football season ended in early January, and sports fans are eagerly anticipating the start of college basketball’s March Madness. Many are also anxious about the future of college sports, given the non-stop...more
2/6/2024
/ Athletes ,
College Athletes ,
Compensation & Benefits ,
Intellectual Property Protection ,
Name and Likeness ,
NCAA ,
Preemption ,
Proposed Legislation ,
Regulatory Agenda ,
Right of Publicity ,
Student Athletes
Fiduciaries of 401(k) and other retirement plans continue to be targeted by class action lawsuits brought under the Employee Retirement Income Security Act (ERISA) challenging fiduciary decisions regarding investment options...more
Maryland has enacted a law allowing student-athletes to earn compensation from name, image, and likeness (NIL) endorsement deals. The law, Md. Code Ann., Educ. § 15-131, went into effect on July 1, 2023, and is part of a...more
7/27/2023
/ Compensation & Benefits ,
Educational Institutions ,
Endorsements ,
Intellectual Property Protection ,
Labor Reform ,
Maryland ,
Name and Likeness ,
New Legislation ,
Regulatory Reform ,
Right of Publicity ,
Student Athletes ,
Wage and Hour
Montana Senate Bill 248 went into effect on June 1, 2023. This law allows student-athletes to earn compensation from Name, Image, and Likeness (NIL) endorsement deals and is part of a trend of NIL legislation being passed by...more
6/15/2023
/ College Athletes ,
Compensation & Benefits ,
Educational Institutions ,
Intellectual Property Protection ,
Montana ,
Name and Likeness ,
NCAA ,
New Legislation ,
Regulatory Reform ,
Right of Publicity ,
Student Athletes ,
Wage and Hour
Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees. A...more
5/3/2023
/ 401k ,
Breach of Duty ,
Class Action ,
Duty of Loyalty ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Financial Services Industry ,
Investment Management ,
Investment Opportunities ,
Retirement Plan
Name, Image and Likeness (NIL) opportunities have been a hot topic in college sports since the summer of 2021. In July 2021, the NCAA released an Interim NIL Policy. Before then, individual states had passed laws allowing...more
Lawsuits against employers offering retirement benefit plans have been on the rise. Recent suits, discussed in this update, have provided some guidance for employers.
In January 2022, the Supreme Court issued the Hughes...more
As part of the omnibus spending bill passed in a frenzy before the holiday break, Congress included the Securing a Strong Retirement Act of 2022 (“SECURE 2.0 Act”). This new law contains several changes that will have a...more
Employers offering 401(k) and similar retirement plans should familiarize themselves with a new rule published by the Employee Benefits Security Administration of the U.S. Department of Labor, Prudence and Loyalty in...more
The National Collegiate Athletic Association (NCAA) recently issued new guidance regarding name, image, and likeness (NIL) endorsement deals with college athletes. The NCAA’s most recent guidance aims to provide clarity on...more
In Fowler v. OSP Prevention Group, Inc., the U.S. Court of Appeals for the Eleventh Circuit relied on Department of Labor guidance to conclude that property damage investigators do not qualify for the Fair Labor Standards...more
On Monday, January 24, 2022, the U.S. Supreme Court issued an opinion in a case of critical interest to employers offering 401(k) or other defined-contribution retirement plans. In Hughes v. Northwestern University, Case No....more
1/26/2022
/ 401k ,
403(b) Plans ,
Breach of Duty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Hughes v. Northwestern University ,
Plan Participants ,
Pleading Standards ,
Retirement Plan ,
Tibble v Edison Int ,
Vacated