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By Roberta Casper Watson and Barry Salkin Last June, in Executive Order 13877, President Trump directed HHS, Treasury, and Labor (collectively, the “Agencies”) to solicit comments on how providers, insurers, and group health plans could be required to disclose...
by Stephen Wilkes and Livia Aber As we discussed in a recent Alert, the Supreme Court's decision in Intel Investment Committee v. Sulyma requires a plaintiff's "actual knowledge" of the fiduciary breach in order for the three-year (rather than the six-year) statute of...
Allowing employees to telecommute is an excellent accommodation. While this option supports continued business productivity, be sure to properly track the time worked so that you do not expose your business to claims for unpaid wages or overtime. Be sure to centralize...
Over 46 years ago, the Employee Retirement Income Security Act (“ERISA”) was passed overwhelmingly in the House of Representatives by a 376-4 vote. Congress passed ERISA to empower American workers toward retirement security. Fast forward, on May 23, 2019, the House...
The Supreme Court settled the debate over what constitutes "actual knowledge" in the context of an ERISA fiduciary breach claim in a unanimous and simple decision that applied dictionary definitions of the term "actual" to find that the fiduciary breach knowledge...
The IRS Office of Chief Counsel has released a memorandum stating that employers are not protected by a statute of limitations from the ACA's employer shared responsibility penalties ("ESRP"), even if they file the required forms relating to the penalties. ( IRS Chief...
The Centers for Medicare & Medicaid Services ("CMS") has proposed methods to calculate and impose civil penalties when a group health plan ("GHP") or a non-group health plan fails to comply with the Medicare as Secondary Payer ("MSP") reporting requirements....
In early November 2019, the Securities and Exchange Commission ("SEC") released proposed amendments to the advertising rule and solicitation rule under the Investment Advisers Act of 1940 ("Advisers Act"), Rules 206(4)-1 and 206(4)-3, respectively. The proposed...
Executive Compensation in Volatile Times: Advice for Privately-held Companies and Their Executives - Mark Poerio,The Wagner Law Group webinar, January 20, 2020 - Click here for PowerPoint Presentation
The United States Department of Labor ("DOL") has issued guidance (i.e., Advisory Opinion 2020-01A) to confirm that a limited partnership's health-benefit programs were not ERISA-covered group health plans. Background A partnership that managed the day-to-day affairs...