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By Kimberly Shaw Elliott Registered representatives and investment adviser representatives may soon purchase for themselves the unregistered products they recommend to other investors, without proof of their financial resources. These financial professionals join an...
On September 22, 2020, President Trump issued an Executive Order (the “Order”) stating that companies doing business with the federal government (“Federal Contractors”) are barred from promoting race or sex stereotypes or scapegoating in their training programs which...
By Stephen Wilkes and Livia Quan Aber We previously discussed cybersecurity best practices and provided the latest updates on recent ERISA cybertheft lawsuits here and here. With the proliferation of storage and dissemination of participant personal information in...
The Tenth Circuit Court of Appeals has ruled, in Lyn M. v. Premera Blue Cross, that the “arbitrary and capricious” standard cannot be applied to a plan administrator’s denial of a participant’s claim unless the plan administrator has sufficiently notified the...
By Barry Salkin and Roberta Casper Watson In 2019, the SECURE Act amended Section 105 of ERISA. That section requires participant benefit statements to be distributed to participants and beneficiaries, and prescribes the contents of the benefit statements. The SECURE...
The Second Circuit Court of Appeals, in Sullivan-Mestecky v. Verizon Communications, Inc., has held that a plaintiff properly pled her breach of fiduciary duty claim for equitable relief against an employer in connection with a third party administrator’s (“TPA’s”)...
By Dannae Delano, Barry Salkin and Roberta Casper Watson On August 3, 2020, the District Court for the Southern District of New York ruled that four parts of the temporary rules adopted by the DOL to implement the Emergency Paid Sick Leave Act (EPSLA) and the...
The Department of Labor (“DOL”) has issued additional Frequently Asked Questions (“FAQs”) on the administration of Emergency Paid Sick Leave under the Families First Coronavirus Response Act (“FFCRA”) and issues related to school reopenings. The first new FAQ asks if...
View Printable PDF By Barry Salkin and Livia Quan Aber In 2020, most of the IRS guidance with respect to employee benefit plans has addressed issues arising under the CARES Act, but in recently issued guidance - Notice 2020-68 (Notice) - the IRS addressed several...
The Massachusetts Department of Family and Medical Leave has announced that the “annual” payroll tax exemptions received by employers for insured plans under the Paid Family and Medical Leave Law (the “Law”) have been extended. The Law requires most private employers...