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By Denise Chicoine In Bodge et al. v. Commonwealth et al. the Massachusetts Supreme Judicial Court ruled that the Massachusetts Paid Family Medical Leave Act does not require an employer to guarantee the accrual of vacation and sick time during an employee’s leave....
Marcia Wagner Appointed to Leadership Roles at American Benefits Council & American College of Employee Benefits Counsel - The Wagner Law Group Press Release, September 16, 2024 (PDF)
Over the past year, we have kept you apprised of evolving trends involving putative class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer contributions...
BAE Beats 401(k) Plan Forfeiture Suit - Michael Schloss, planadviser, September 9, 2024 (PDF)
In Witt v. Intel Corp. Long-Term Disability Plan, the United States District Court for the District of Oregon refused to dismiss a long term disability (”LTD”) benefits lawsuit when the plan seemingly made a minor mistake in administering its claims procedure....
4 ERISA Arguments to Watch in September - Andrew Oringer, Law360, September 6, 2024 (PDF)
It is often the case under the Internal Revenue Code (“Code”) that adherence to procedural rules is crucial to secure tax benefits. Failure to meet these procedural conditions can result in unanticipated tax consequences. In the case of Berman v. Commissioner, 163...
3 Atty Takeaways On What's Ahead As ERISA Turns 50 - Marcia Wagner, Law360, August 30, 2024 (PDF)
In Weyer v. Reliance Standard Life Insurance Company, the U.S. Court of Appeals for the Eighth Circuit has determined that the “but-for” causation standard is appropriate for determining whether mental health limitations contained in a long-term disability (“LTD”)...
The Successful Yet Much-Litigated ERISA Turns 50 - Marcia Wagner, SHRM, August 28, 2024 (PDF)