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The Ninth Circuit Court of Appeals has held, in Castillo v. Metropolitan Life Ins. Co., that ERISA does not authorize an award of attorney’s fees incurred during the administrative phase of the ERISA claims process. Background. The plaintiff was a participant in a...
By Barry Salkin and Susan Rees One objective of the Setting Every Community Up for Retirement Enhancement (“SECURE”) Act, which was enacted on December 20, 2019, was to expand retirement savings. One of the ways in which that statutory purpose was achieved was through...
By Barry Salkin and Livia Quan Aber One objective of the Coronavirus Aid Relief and Economic Security Act (“CARES Act”) was to provide relief to sponsors of tax-qualified defined benefit plans. Section 3608 of the CARES Act extends the due date of minimum required...
The U.S. Department of Labor (“DOL”) has released updated Family and Medical Leave Act (“FMLA”) forms. Background. Certain posters and forms are required under the FMLA to inform employees of their rights and to request or verify the need for FMLA leave. FMLA allows...
By Jon C. Schultze and Kimberly Shaw Elliott An August 31, 2020, deadline to take advantage of temporary relief provided by the Internal Revenue Service (“IRS”) to (i) individuals, and (ii) sponsors of safe harbor 401(k) defined contribution plans, is fast...
By Dannae Delano, Barry Salkin and Roberta Casper Watson The federal District Court for the Southern District of New York invalidated parts of the DOL’s final rules implementing the paid leave provisions of the FFCRA in State of New York v. Department of Labor last...
By Barry Salkin and Stephen Wilkes The Department of Labor (“DOL”) is poised to significantly change its rules on how ERISA plan fiduciaries should evaluate investment opportunities. The employee benefit plan community, including The Wagner Law Group, responded to the...
Parents who were in the midst of the divorce process when the pandemic began, or who have only recently decided to separate, recognize that the parenting arrangements they develop for today may not be in their children’s best interests for the indeterminate tomorrow,...
In Private Letter Ruling 202023001, the IRS has ruled that collectively bargained employees can allocate employer contributions between a profit sharing plan and a health reimbursement arrangement (“HRA”) without creating a 401(k) plan or violating the rules for HRAs....
Employers who are considering resuming their operations (or employers who have already resumed operations) should consider the benefits of putting in place a COVID-19 waiver for employees and visitors. This can be effective for employees who decide to voluntarily...