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Insurance Agents Employee Retirement Income Security Act (ERISA) Employee Benefits

Carlton Fields

DOL Tries Once Again To Define What Constitutes Investment Advice Under ERISA

Carlton Fields on

On Friday, November 3, the Federal Register published the U.S. Department of Labor’s (DOL) latest attempt to redefine who is an “investment advice fiduciary” under ERISA. In conjunction with the regulatory proposal, the...more

Saul Ewing LLP

The Friday Five: Five Current ERISA Litigation Highlights - September 2020

Saul Ewing LLP on

This month’s Friday Five discusses cases that address the admissibility of an expert opinion, the calculation of pre-disability earnings, the definition of disability earnings, circumstances where a court will transfer venue...more

Carlton Fields

Circuit Court Rules Insurance Agents Are Not “Employees” Under ERISA

Carlton Fields on

The identity crisis appears to be over for one insurer using independent contractors. In Jammal v. American Family Insurance Co., the Sixth Circuit reversed the district court and held that a putative class of insurance...more

Jackson Lewis P.C.

Insurance Agents Properly Classified As Independent Contractors, Circuit Court Rules

Jackson Lewis P.C. on

The Sixth Circuit ruled that agents were properly classified as independent contractors in an Employee Retirement Income Security Act (ERISA) class action brought on behalf of thousands of current and former insurance agents...more

Eversheds Sutherland (US) LLP

Insurance Agents as Employees? Court Breaks Independent Contractor Precedent

On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes of pursuing pension and other...more

Carlton Fields

A Summary of Predicted Litigation Under the DOL’s Proposed Fiduciary Rule

Carlton Fields on

The Department of Labor’s recent Proposed Rule, which defines the term "fiduciary" as it applies to persons who provide "investment advice" to ERISA plans and IRAs, will impact the likelihood and severity of fiduciary...more

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