News & Analysis as of

Department of Labor (DOL) Employee Retirement Income Security Act (ERISA) Trump Administration

McDermott Will & Emery

Environmental, Social and Governance (ESG) Investing for Retirement Plans: Where We’ve Been, and Where We Are Now

McDermott Will & Emery on

Over the past year, the regulatory backdrop around environmental, social and governance (ESG) investing has shifted. As McDermott Partner Brian J. Tiemann explains in these slides, the US Department of Labor (DOL) under the...more

McGuireWoods Consulting

The Courts and Healthcare Policy - June 2021

2020 saw the courts continuing to play an important role in health policy with several notable lawsuits related to the Affordable Care Act (ACA). Several other Trump administration policies were challenged, including Medicare...more

K&L Gates LLP

Trump Era DOL Rules - Will They Remain Under a Biden Administration?

K&L Gates LLP on

The Department of Labor (DOL) Employee Benefits Security Administration (EBSA) recently finalized a series of rules viewed as key Trump administration priorities. The rules include: Prohibited Transaction Exemption 2020-02,...more

Constangy, Brooks, Smith & Prophete, LLP

What Employers Can Expect From The Biden Administration, Part 2

Predictions from our attorneys in the practice areas that affect employers. NOTE FROM ROBIN: The following went out as a legal bulletin on Thursday. I'm reproducing it here for those of you who do not subscribe to our...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Snell & Wilmer

2020 End of Year Plan Sponsor “To Do” List (Part 1) Health and Welfare

Snell & Wilmer on

We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more

Dechert LLP

A DOL Proxy Vote Against ESG? – New ERISA Proposal May Limit Plans’ Exercise of Shareholder Rights

Dechert LLP on

The U.S. Department of Labor (the “DOL”) on August 31, 2020 proposed a regulation (the “Proposed Proxy Regulation”) that would apply to how fiduciaries under the Employee Retirement Income Security Act of 1974 (“ERISA”)...more

Seyfarth Shaw LLP

To Vote or Not to Vote — That is the Question

Seyfarth Shaw LLP on

Seyfarth Synopsis: On the heels of the Department of Labor’s June proposed regulation throwing cold water on plan fiduciaries’ selecting investments in the environment, social and governance (ESG) space, the agency has now...more

Groom Law Group, Chartered

Election 2020: Retirement Policy Positions

We are nearing the final stretch of the 2020 campaign. What have the parties proposed for the future of the U.S. retirement system? A chart below summarizes the policy documents prepared by the parties outlining their goals...more

Dechert LLP

ERISA’s Social Goals? ESG Considerations Under ERISA

Dechert LLP on

A substantial portion of available global investment capital is held under private U.S. pension and other employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (“ERISA”). At the same time, for...more

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

Beltway Buzz - January 2020 #3

Where is Everybody? Perhaps due to the impeachment trial of President Donald Trump, it’s been a relatively quiet week in the labor and employment arena in Washington, D.C. President Trump and U.S. Secretary of Labor Eugene...more

Seyfarth Shaw LLP

Seyfarth’s 2020 Workplace Class Action Litigation Report Is Now Available!

Seyfarth Shaw LLP on

Seyfarth Synopsis: Seyfarth’s 16th Annual Workplace Class Action Litigation Report analyzes 1,467 rulings and is our most comprehensive Report ever at 800 pages....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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Acosta resigns, so what?

I’m sure that everyone knows that Secretary of Labor Alexander Acosta resigned over the controversy of a plea deal he negotiated as a U.S. Attorney in Florida with Jeffrey Epstein back in 2008....more

BCLP

Deep Dive: Association Health Plan Considerations following the Court Order Vacating the DOL’s Final Rule

BCLP on

On March 28, 2019, the Federal District Court for the District of Columbia issued an opinion and order vacating key portions of the Department of Labor’s regulation, published in June 2018, which had expanded the definition...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

Clark Hill PLC

Federal District Court Rejects Trump Administration’s Proposal for Association Health Plans

Clark Hill PLC on

On Friday, March 28, 2019, U.S. District Judge John D. Bates rejected the Trump Administration’s proposal for association health plans (AHP). ...more

Seyfarth Shaw LLP

Issue 119: Court Vacates New Rules on Association Health Plans

Seyfarth Shaw LLP on

This is the one hundred and nineteenth issue in our series of alerts for employers on selected topics on health care reform. ...more

Akerman LLP - Health Law Rx

Tread Carefully – DC Federal Judge Weakens Association Health Plan Regulation

A recent ruling by the United States District Court for the District of Columbia calls into question the recently expanded regulations allowing small employers to band together to establish Association Health Plans....more

Littler

D.C. District Court Vacates Core Elements of New Association Health Plan Regulations

Littler on

A federal court struck down key portions of the new association health plan (AHP) regulations last week, just days before the fledgling rules for self-insured medical plans were slated to go into effect regarding...more

Ballard Spahr LLP

Association Health Plan Regulations Invalidated

Ballard Spahr LLP on

The U.S. District Court for the District of Columbia has set aside the most significant portions of the U.S. Department of Labor's (DOL) regulations on Association Health Plans (AHPs)....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Much Ado About Nothing: DOL issues new MEP guidance

Six years ago, the Department of Labor (DOL) pretty much killed off what we called Open Multiple Employer Plans (MEPs) by saying that MEPs, where there was no commonality between adopting employers, wouldn’t be considered a...more

Bradley Arant Boult Cummings LLP

DOL Regulations on Association Health Plans: How Will They Affect the Health Insurance Marketplace?

Last year, the President issued an Executive Order directing the Secretary of the Department of Labor (DOL) to issue regulations to expand access to association health plans (AHPs). Earlier this year, the DOL issued final...more

Mintz - Employment Viewpoints

Association Health Plan Perspectives (Part 2): The Look-Through Rule and the Limits of State Regulatory Power

In a summary of the recently issued Association Health Plan (AHP) final regulations, the U.S. Department of Labor (DOL) rightly observed that AHPs are a species of multi-employer welfare arrangements, or MEWAs, that are...more

K&L Gates LLP

Final Rule Changes to the Edges of U.S. Health Insurance Markets

K&L Gates LLP on

Department of Labor Issues Final Rule that Expands Association Health Plans - On June 21, 2018, the Employee Benefits Security Administration, Department of Labor (“DOL”) issued a final rule that establishes additional...more

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