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By: Michael B. Richman , Julie K. Stapel , Craig A. Bitman , Lindsay B. Jackson , Daniel R. Kleinman , and Natalie R. Wengroff , Morgan, Lewis & Bockius LLP
The U.S. Department of Labor (DOL) has released its final rule on the application of the Employee Retirement Income Security Act (ERISA) fiduciary...
By: Rex Iacurci , Lexis Practice Advisor
This article discusses recent guidance by the Department of Health and Human Services’ Office for Civil Rights (OCR) addressing how entities subject to the Health Insurance Protection and Accountability Act (HIPAA) and their business associates must continue...
NINTH CIRCUIT REINSTATES EMPLOYEES’ SUITS OVER PAYMENT FOR POST-SHIFT INSPECTION PERIODS
EMPLOYEES OF NIKE AND CONVERSE MAY PROCEED with class action suits alleging that the athletic wear companies violated California law by refusing to pay them for time spent during mandatory post-shift security...
EEOC LEAVES WORKPLACE WELLNESS PROGRAMS IN LIMBO
EFFECTIVE JANUARY 1, 2019, REGULATIONS ISSUED by the Equal Employment Opportunity Commission (EEOC) concerning incentive-based workplace wellness programs are rescinded, leaving employers without guidance until at least June.
By way of background,...
STATE ATTORNEYS GENERAL FILE APPEAL FROM RULING INVALIDATING AFFORDABLE CARE ACT
ATTORNEYS GENERAL FROM 16 STATES AND THE DISTRICT of Columbia have filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit following a ruling by a Texas federal judge striking down the Patient Protection...
By: Jason Brocks
This article highlights some key considerations for attorneys representing employer sponsors of group health plans that are considering contracting directly with health care providers. As the idea of direct contracting arrangements between plan sponsors and health care providers becomes...
By: George M. Sepsakos and Michael P. Kreps , Groom Law Group, Chartered
This article discusses the implications of the Fifth Circuit Court of Appeals’ vacatur of the Department of Labor’s (DOL) Fiduciary Rule 1 and related amendments to other prohibited transaction exemptions (PTEs) in...
By: Hannah DeLuca , W. Andrew Douglass , and Elizabeth Bray , Polsinelli P.C.
This article addresses the steps that plan sponsors and fiduciaries must take to locate and notify missing participants in qualified defined contribution and qualified defined benefit plans regarding benefits that are due...
By: Richard Lieberman , Dykema Gossett PLLC
THE TAX REFORM LEGISLATION ENACTED IN LATE 2017, known as the Tax Cuts and Jobs Act (Pub. L. No. 115-97) (the Tax Act), made relatively few far-reaching and substantive changes in the area of executive compensation and employee benefits. These changes, summarized...
By: Brian M. Murray , Baker & Hostetler LLP
This article discusses aspects of Section 510 of the Employee Retirement Income Security Act (ERISA) (29 U.S.C. § 1140), which prohibits interference with benefits and retaliation for the exercise of rights under ERISA and ERISA employee benefit...
LABOR DEPARTMENT RESUMES OPINION PROGRAM, REISSUES 17 RESCINDED LETTERS
THE U.S. DEPARTMENT OF LABOR (DOL) HAS REISSUED 17 opinion letters originally issued in January 2009 during the last few weeks of the Bush administration but later withdrawn by the Obama administration “for further consideration...
By: Richard Lieberman , Dykema Gosset PLLC
This article addresses fundamental considerations in structuring equity compensation for general and limited partnerships, as well as limited liability companies (LLCs) that are classified as partnerships for federal income tax purposes.
IT SUMMARIZES THE...
SUPREME COURT TO RULE ON VALIDITY OF CLASS WAIVERS IN EMPLOYMENT CONTEXT
By: Lexis Practice Advisor Staff
THE U.S. SUPREME COURT IS expected to decide this term whether the collective-bargaining provisions of the National Labor Relations Act (NLRA) prohibit enforcement of agreements requiring employees...
By: Jeffrey Lieberman SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
This article identifies best practices to assist a 401(k) plan investment committee in satisfying its fiduciary obligations under the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. § 1001, et. seq. , as amended) (ERISA...
By: Emily D. Zimmer and Lynne S. Wakefield , K&L Gates LLP.
This article discusses how to design and operate compliant employer-sponsored health reimbursement accounts (HRAs) under the Internal Revenue Code (I.R.C.), with a particular focus on the Patient Protection and Affordable Care Act (ACA...