News & Analysis as of

Employee Benefits Security Administration

Littler

Long-Awaited Fall Regulatory Agenda Provides Glimpse of Administration’s Regulatory Goals

Littler on

On January 4, 2023, the Biden administration released its long-awaited Fall 2022 Unified Agenda of Regulatory and Deregulatory Actions.  Typically, these semi-annual agendas are issued in the spring and fall and outline...more

Keating Muething & Klekamp PLL

Benefits Monthly Minute The Best Things Come to Those Who Wait (and Wait) | 'Tis the Season of Giving: EBSA Restores over $1.4B to...

The December Monthly Minute highlights the IRS’ decision to make permanent the ACA individual-reporting extension and EBSA’s restoration of $1.4B as a result of its FY22 enforcement actions....more

McDermott Will & Emery

DOL Proposes Significant Changes to VFCP Program

McDermott Will & Emery on

On November 21, 2022, the US Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) released a proposed amendment and restatement of the Voluntary Fiduciary Correction Program (VFCP), along with a...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL proposes VFCP self-correction

The Department of Labor’s Employee Benefits Security Administration (EBSA) proposed updates to their Voluntary Fiduciary Compliance Program (VFCP), which would allow a self-correction component. The EBSA proposal includes a...more

Arnall Golden Gregory LLP

The Mental Health Matters Act Advances in the House

As the nation continues to face a mental health crisis, the U.S. House of Representatives recently passed H.R. 7780, the Mental Health Matters Act of 2022, advancing the bill to the U.S. Senate on a vote of 220-205. The bill...more

DirectEmployers Association

OFCCP Week In Review: October 2022

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Cynthia Hackerott. In today’s edition,...more

Groom Law Group, Chartered

DOL Cybersecurity Investigations: The Trap Door to Endless Document Requests?

Parties involved in a Department of Labor (“DOL”) Employee Benefits Security Administration (“EBSA”) investigation often ask a simple question: how much information am I obligated to provide the DOL in response to an...more

Kilpatrick Townsend & Stockton LLP

Biden Administration Reminds Employers that Contraception is Required under ACA’s Preventive Care Mandate with a Few Surprises

On July 28, 2022, the federal regulators (referred to as the “Departments”) released a new set of FAQs (Part 54) under the Affordable Care Act (“ACA”) to clarify the scope of the preventive care mandate, in particular, with...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

I’ll say it, don’t allow crypto in your 401(k) plan

In the movie Casino, Robert DeNiro as Sam Rothstein wanted to take on the Nevada Gaming Board after they denied his request for his license. Andy Stone, a Teamster controlled by the Mafia and played by Alan King told him it...more

DirectEmployers Association

DE Under 3: New WIR Reporter; Nomination for New EEOC General Counsel; ODEP “Disability & the Digital Divide” Report

Tune into today's DE Under 3 to discover information on the new OFCCP Week In Review report, Cynthia L. Hackerott; the recent nomination of Karla Gilbride as the next EEOC General Counsel; the U.S. Senate's attempt to block...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

Fisher Phillips

Dept of Labor Sued in Crypto 401(k) Guidance Lawsuit: What Employers Need to Know

Fisher Phillips on

The battle over crypto 401(k)s reached a fever pitch last week as 401(k) provider ForUsAll Inc. filed a lawsuit against the U.S. Department of Labor (DOL) in a Washington, D.C. federal court on June 2, alleging that federal...more

Lathrop GPM

Cryptocurrency as a 401(K) Plan Investment Option

Lathrop GPM on

Fidelity Investments recently announced it is making a Bitcoin account available as an investment option for 401(k) plans, fueling a debate about cryptocurrencies and fiduciary responsibilities under ERISA. In what might...more

Jackson Lewis P.C.

Crypto, SDBAs, and Your 401(k) Plan: What Now?

Jackson Lewis P.C. on

Just over a month ago, we wrote about the Department of Labor’s guidance on cryptocurrency as a 401(k) investment option, and the landscape has already shifted multiple times....more

Bracewell LLP

DOL Stance on Cryptocurrency in 401(k) Plans Becomes a Political Football

Bracewell LLP on

A recent release by the DOL raising concerns about plan sponsors allowing cryptocurrency investments in 401(k) plans has gotten the attention of both sides of the Congressional aisle as well as industry groups. Some of the...more

Holland & Hart - The Benefits Dial

Can’t Touch This … DOL Discourages Plans From Investing in Cryptocurrency

Among the many phrases of ERISA, one that is familiar to investment fiduciaries is the requirement to choose investments with the care, skill, prudence, and diligence that a prudent person who is familiar with such matters...more

Fisher Phillips

Federal Employee Benefits Investigators Announce Plan to Scrutinize 401(k) Cryptocurrency Investments

Fisher Phillips on

While some employees and retirees have been asking to have cryptocurrencies included in their 401(k) retirement plans, federal authorities recently issued a strong and direct warning that such a plan might run afoul of...more

Seyfarth Shaw LLP

How Do You Really Feel? DOL Talks ESG and Crypto

Seyfarth Shaw LLP on

Seyfarth Synopsis: In keeping with their recent more vocal stance on fiduciary duties, the Department of Labor has weighed in on the wisdom of 401(k) plans including an ESG fund or a crypto investment option in its line-up....more

Holland & Knight LLP

DOL Requests Information on Protection of Retirement Plans from Climate Risks

Holland & Knight LLP on

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

Keating Muething & Klekamp PLL

Benefits Monthly Minute - February 2022

The February Monthly Minute examines the DOL’s recent focus on mental health parity compliance, the Hughes vs. Northwestern University retirement plan fee litigation, and the latest COVID-19 testing coverage guidance....more

Foley & Lardner LLP

401(k) Compliance Check #2: Avoid Trouble By Depositing Employee Contributions on Time!

Foley & Lardner LLP on

In last month’s 401(k) Compliance Check, we discussed the importance of ensuring your 401(k) plan’s designated decision-makers are actually authorized to make plan decisions. In this month’s Compliance Check, we look at...more

Morgan Lewis

Mental Health Parity Compliance: Report to Congress Sheds Light on NQTL Comparative Analyses Requirement

Morgan Lewis on

The US Departments of Labor, Health and Human Services, and Treasury issued their 2022 Report to Congress regarding their enforcement activities under the Mental Health Parity and Addiction Equity Act as required under the...more

Kilpatrick Townsend & Stockton LLP

EBSA Answers Key Compensation Disclosure Questions in Latest Bulletin

Section 202 of Title II of Division BB of the Consolidated Appropriations Act, 2021 (“CAA”) added new ERISA Section 408(b)(2)(B) to be effective as of December 27, 2021. The new section requires persons who provide...more

ArentFox Schiff

Department of Labor Rescinds Trump-era Union Financial Disclosure Rule

ArentFox Schiff on

In March 2020, the Department of Labor issued a rule billed as a measure designed to increase labor union financial transparency. Generally, it required unions with $250,000 or more in total annual receipts -- which must...more

Morgan Lewis - ML Benefits

EBSA Enforcement Statistics for FY 2021: Growing Focus on Service Providers, Health & Welfare Plans

At the end of each fiscal year, the US Department of Labor’s (DOL’s) Employee Benefits Security Administration (EBSA) compiles the monetary results it obtained through various initiatives meant to ensure compliance with the...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

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Links to Other Websites

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Information for EU and Swiss Residents

JD Supra's principal place of business is in the United States. By subscribing to our website, you expressly consent to your information being processed in the United States.

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

You can also manage your profile and subscriptions through our Privacy Center under the "My Account" dashboard.

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California Privacy Rights

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Access/Correct/Update/Delete Personal Information

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Changes in Our Privacy Policy

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Contacting JD Supra

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Controlling and Deleting Cookies

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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