Health & Welfare

Current Association Health Plan Contracts Safe

The Department of Labor ("DOL") has announced that it will not take action against association health plans ("AHPs") that comply with its final regulations, even though these regulations were partially overturned by a federal court in State of New York v. United States Department of Labor. In that case, a federal district court in Washington, D.C. ruled that the regulations are an unreasonable ...

DOL Guidance on ERISA Preemption

The United States Department of Labor ("DOL") has issued an Information Letter confirming that state laws requiring employers to obtain written consent before withholding amounts from employees' wages for benefit plan contributions are preempted by ERISA. Background. The DOL has previously issued guidance (i.e., Advisory Opinion 2008-02A) that ERISA preempted state laws that attempt to govern ...