The Internal Revenue Service, Department of Labor, and Department of Health and Human Services (the “Agencies”) have issued a revised, mandatory notice for fixed indemnity insurance coverage....
ERISA & Employee Benefits
Multiple Employer Plans Update
Multiple Employer Plans Update - Susan Rees, panelist, ABA 2024 May Tax Section Meeting, May 3, 2024, Washington, D.C. - Click here for details
Examining Increasing Health Plan Fee Litigation
Examining Increasing Health Plan Fee Litigation - Thomas Clark, Jr., panelist, Corporate Synergies live webinar, May 9, 2024, 2:00 - 3:00 PM (EDT) - Click here for details and registration
Employee Must Provide Adequate Notice of Need for FMLA Leave
The U.S. Court of Appeals for the Fifth Circuit has ruled, in Cerda v. Blue Cube Operations, that an employee was not protected by the Family and Medical Leave Act (“FMLA”) when she never gave the...
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told
Prime Healthcare Lacked Oversight Of 401(k) Plan, Judge Told - Marcia Wagner, Law360, April 10, 2024 (PDF)
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule
April 15 the (Unofficial) Cutoff for Meetings on Fiduciary Rule - Andrew Oringer, Ignites, April 10, 2024 (PDF)
ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed
ERISA at 50: How We Got Here and Where Employee Benefits Law is Headed - Israel Goldowitz, panelist, Worldwide Employee Benefits Network live and virtual seminar, New York, NY, June 20, 2024, 3:00 -...
IBM Wins Dismissal of Pension Lawsuit
IBM Wins Dismissal of Pension Lawsuit - Andrew Oringer, PLANSPONSOR, April 9, 2024 (PDF)
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday!
Nashville Nice—NAPA 401(k) Summit Kicks Off Sunday! - Thomas Clark, Jr., National Association of Plan Advisors, April 7, 2024 (PDF)
Compare “Shuns”: Retirement Income Solutions – How to Compare
Compare “Shuns”: Retirement Income Solutions – How to Compare - Thomas Clark, Jr., panelist, NAPA 401(k) Summit, Nashville, TN, April 7 - 9, 2024 - Click here for details
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment
Minnesota Sponsor Sues Adviser for True-Up Plan Amendment - Andrew Oringer, PLANSPONSOR, April 3, 2024 (PDF)
Father of the 401(k) Is Planting a New Workplace Savings Idea
Father of the 401(k) Is Planting a New Workplace Savings Idea - The Wagner Law Group, planadviser, April 1, 2024 (PDF)
COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation
COBRA Compliance: Employer Tips From Audit Guidelines and Class Action Litigation - Dannae Delano and Linda Stuessi, panelists, Lorman Education Services live CLE webinar, May 15, 2024, 1:00 - 2:05...
Insurer May Be Liable Under ERISA for Unauthorized Premium Increases
The U.S. Court of Appeals for the First Circuit, in Parameter v. Prudential Insurance and Tufts University, has ruled that an insurer may have breached its fiduciary duty through unauthorized...
Unpacking the New Independent Contractor Final Rule and Employee Classification: Steps Employers Can Take
The U.S Department of Labor has revised its guidance regarding the classification of workers as employees or independent contractors. In addition, there have been developments affecting the...
Molina Healthcare Close to Win in ERISA Lawsuit
Molina Healthcare Close to Win in ERISA Lawsuit - Andrew Oringer, PLANSPONSOR, March 22, 2024 (PDF)
Pension Risk Transfers and the Continuing Concern About Buying a Pig in a Poke
By Michael Schloss Pension risk transfers (“PRTs”) continue to make the news. And well they should. Last year alone, over $100 billion in liabilities were transferred from defined benefit pension...
Employer May Be Liable for Misrepresenting Life Insurance Conversion Information
In Watson vs. EMC Corp., the U.S. Court of Appeals for the Tenth Circuit has ruled that an employer may be liable for the amount of life insurance proceeds if the participant failed to convert his...
Mutual Mistake Under ERISA
Mutual Mistake Under ERISA - Barry Salkin, Benefits Law Journal, Vol. 37, No. 1, Spring 2024
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits
Companies Transferred Billions in Pension Assets to Annuities. Here Come the Lawsuits - Andrew Oringer, InvestmentNews, March 14, 2024 (PDF)
Exhaustion – NYU Review of Employee Benefits
Exhaustion - Barry Salkin, NYU Review of Employee Benefits, October 2023
IRS Warns Companies are Making False Statements About Health Plan Reimbursements
In IR-2024-65 (the “IR”), the IRS warns taxpayers that some companies are misrepresenting the circumstances under which food and wellness expenses can be paid or reimbursed under health flexible...
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit
Plaintiffs Request Judge Approve Settlement in ERISA Data Breach Lawsuit - Andrew Oringer, PLANSPONSOR, May 13, 2024 (PDF)
401(k) Inventor Offers New Way to Earn ‘Bread
401(k) Inventor Offers New Way to Earn 'Bread' - Marcia Wagner, Newsmax, March 12, 2024 (PDF)
If You Cross-Trade Securities, Make Sure Not to Cross ERISA
If You Cross-Trade Securities, Make Sure Not to Cross ERISA - Michael Schloss, Bloomberg Tax, March 8, 2023 (PDF)
LTD Plan Must Consider Future Harm from Stress
In Aisenberg v. Reliance Standard Life Ins. Co., the United States District Court for the Eastern District of Virginia has ruled that a long term disability (“LTD”) plan must take into account...
Massachusetts Lawyers Weekly 2024 Women Who Lead Edition
2024 Women Who Lead - Marcia Wagner, Massachusetts Lawyers Weekly, March 6, 2024 (PDF)
DOL Streamlines PTE Application Rule With New Requirements
DOL Streamlines PTE Application Rule With New Requirements - Michael Schloss and Stephen Wilkes, Bloomberg Law, February 29, 2024 (PDF)
Court Finds Health Plan Not Required to Furnish Administrative Service Agreements in Response to ERISA Document Request
In Zavislak v. Netflix, Inc., the U.S. District Court for the Northern District of California has largely rejected a plaintiff’s assertion that an employer/plan administrator for an ERISA...
Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024
Dewan and Beyond – The Creation, Codification, and Implementation of QDROs 2024 – Regina Mandl, Barry Salkin, Ari Sonneberg and Marcia Wagner, panelists, Pennsylvania Bar Institute CLE webinar,...
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’
401(k) World: Recordkeepers, Advisers and ‘Co-opetition’ - Thomas Clark, Jr., PLANADVISER, February 27, 2024 (PDF)
Merger and Acquisition Considerations for Employee Benefit Plans
By Seth Gaudreau and Stephen Wilkes In the context of mergers and acquisitions, an acquisition target’s qualified retirement plans, health plans, executive compensation arrangements, and benefit...
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions - Michael Scholss and Stephen Wilkes, The Wagner Law Group Webinar, March 19, 2024, 12:00 - 1:00 PM (EDT) - Click here for...
4 Trends Executive Compensation Attorneys Are Watching
4 Trends Executive Compensation Attorneys Are Watching - Andrew Oringer, Law350, February 23, 2024 (PDF)
Judge Denies American Airlines’ Motion to Dismiss
Judge Denies American Airlines’ Motion to Dismiss - Andrew Oringer, PLANSPONSOR, February 22, 2024 (PDF)
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans
Pennsylvania Federal Judge Orders RiversEdge Out of Retirement Plans - Andrew Oringer, PLANSPONSOR, February 21, 2024 (PDF)
California’s Expanded Non-Compete Ban Has National Reach
California’s Expanded Non-Compete Ban Has National Reach - David Gabor, Rethinking65, February 21, 2024 (PDF)
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024
ICHRAs: The New Health Care Benefit for Advisors to Learn in 2024 - Thomas Clark, Jr., 401(k) Specialist Magazine, February 5, 2024 (PDF)
DOL Updates FMLA Fact Sheets
To assist in employer and employee compliance, the Department of Labor (“DOL”) has issued several revised Family and Medical Leave Act (“FMLA”) Fact Sheets, including Fact Sheet 28D: Employer...
Attorney Peter Hutchinson Joins The Wagner Law Group
Attorney Peter Hutchinson Joins The Wagner Law Group - The Wagner Law Group Press Release, February 13, 2024
Johnson & Johnson Case Signals Employee Drug Price Suits to Come
Johnson & Johnson Case Signals Employee Drug Price Suits to Come - Roberta Casper Watson, Bloomberg Law, February 9, 2024 (PDF)
Agencies Update Non-English Language Requirements
The Departments of Labor and Health and Human Services, and the IRS (“the Agencies”) have issued Frequently Asked Questions About Affordable Care Act (“ACA”) and Consolidated Appropriations Act,...
New Fire for Enforcing Forfeiture-for-Competition Provisions
By Mark Poerio and Jordan Mamorsky The enforceability of non-compete provisions continues to be in the national spotlight. In a very recent Delaware Supreme Court decision, Cantor Fitzgerald, L.P....
DOL Announces Indexed Penalties for Health and Welfare Plans
The Department of Labor released a final rule that provides new figures reflecting the adjusted civil penalty amounts for 2024, for certain health and welfare plan violations. The DOL is required...
Workers Poised to Get Benefits as Rule Creates ‘Employees’
Workers Poised to Get Benefits as Rule Creates ‘Employees’ - Roberta Casper Watson, Bloomberg Law, January 29, 2024 (PDF)
Plan Insurer Held Liable for Failure to Follow Claims Procedures
The U.S. District Court for the District of Utah, in R.E. v. Blue Cross Blue Shield, has ruled that the failure to properly follow ERISA’s claims procedures may result in a reversal of a claims...
26 State Attorneys General Appeal Biden ESG Rule Decision
26 State Attorneys General Appeal Biden ESG Rule Decision - Andrew Oringer, PLANSPONSOR, January 19, 2024 (PDF)
State Law Claims Preempted By ERISA
In Steigleman v. Symetra Life, the U.S. District Court for the District of Arizona has ruled that a small business owner could not sue an insurance company under state law for long term disability...
Jordan Mamorsky Appointed Partner at The Wagner Law Group
Jordan Mamorsky Appointed Partner at The Wagner Law Group - January 17, 2024
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts
DOL Gives Go-Ahead to Auto Enrollment in Emergency Accounts - Andrew Oringer, Investment News, January 17, 2024 (PDF)