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Many employers are considering how to respond to the recent ruling overturning Roe v. Wade, which has given states the leeway to outlaw abortion. Employers may have employees who are on either side – or both sides – of the politics of the issue. Employer plans may...
ERISA Considerations in Using Brokerage Window Investing - Marcia Wagner, 401(k) Advisor, May/June 2022
The Second Circuit Court of Appeals, in McQuillin v. Hartford Life & Accident Ins. Co., has ruled that a claimant exhausted his plan’s administrative remedies and was, therefore, entitled to sue under ERISA, because the plan failed to make a final benefit...
Navigating the Interplay Between Leave Laws: A Focus on the FMLA and ADA Successfully navigating the intersection of leave laws, particularly with respect to FMLA and ADA leave, is a daunting challenge for employers, regardless of their industry. Our interactive...
NYU's Victory in ERISA Battle Hinged on Expert Witnesses - Marcia Wagner, Law360, June 16, 2022 (PDF)
In two recent cases, a judge in the United States District Court for the District of Utah has ruled that, if an ERISA welfare benefit plan sets a time limit on when a claimant may file a civil action after receiving an adverse benefit determination, that time limit...
While most of the attention was on how the IRS’s proposed regulation would address tax-qualified defined contribution plans and IRAs, the IRS also took the opportunity to update the existing regulations for tax-qualified defined benefit plans. One such issue is the...
Understanding the IRS’ New Pre-Audit Letter Program - Dannae Delano, PLANSPONSOR, June 13, 2022 (PDF)
Significant New Corrections Opportunities Stem From IRS Program - Dannae Delano, PLANADVISER, June 13, 2022 (PDF)
The United States Court of Appeals for the Seventh Circuit, in Ziccarelli vs. Dart, has ruled that an employer need not deny FMLA leave to an employee in order to interfere with his FMLA rights. Law. The FMLA allows eligible employees to take protected leave for,...