by Ari Sonneberg and Barry Salkin On the heels of the Department of Labor’s announcement that it is rescinding the Biden Administration DOL guidance cautioning 401(k) plan sponsors from offering...
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DOL Explains Interaction Between FMLA and Paid State Leave
The Department of Labor (“DOL”) has issued Opinion Letter FMLA2025-01-A on whether the Family and Medical Leave Act (the “FMLA”) regulations pertaining to substitution of paid leave apply when...
Education and Workforce Committee Renews Call to Probe EBSA for Alleged ‘Power Abuse’
Education and Workforce Committee Renews Call to Probe EBSA for Alleged ‘Power Abuse’ - Andrew Oringer, planaadviser, January 28, 2025 (PDF)
Federal Court Awards $359,000 in FLSA/OSHA Retaliation Case: Lessons Learned for Employers
In December 2023, Su v. Milford Sports Bars, LLC, a noteworthy case, concluded with a ruling in favor of the U.S. Department of Labor, resulting in a payment of $359,000. The court awarded damages...
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA ‘Power Abuse’
House Committee on Education and Workforce Re-Issues Request to Investigate EBSA ‘Power Abuse’ - Andrew Oringer, PLANPONSOR, January 23, 2025 (PDF)
DOL Updates Voluntary Fiduciary Correction Program
In 2002, the Department of Labor (DOL) adopted the Voluntary Fiduciary Correction Program (VFCP). VFCP, modified in 2005 and 2006, is designed to encourage employers and plan fiduciaries to...
Michael Schloss Accepts Senior Department of Labor Position
Michael Schloss Accepts Senior Department of Labor Position - The Wagner Law Group Press Release, January 14, 2025 (PDF)
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure
Fiduciary Rule Proponent Ali Khawar Announces DOL Departure - Thomas Clark, Jr., NAPA, December 21, 2024 (PDF)
Trump’s Labor Secretary Pick Presents ‘Mixed Bag,’ Retirement Experts Say
Trump's Labor Secretary Pick Presents 'Mixed Bag,' Retirement Experts Say - Andrew Oringer, Pensions & Investments, November 27, 2024 (PDF)
Election 2024: ERISA and the Proposed New Labor Secretary – Look(ing) for the Union Label?
President-Elect Trump has proposed Rep. Lori Chavez-DeRemer as the next Secretary of Labor. The selection is particularly notable for the clear pro-union leanings of the nominee of a Republican...
Trump’s ‘Unusual’ Pick for Secretary of Labor Has More Health Than Retirement Track Record
Trump’s ‘Unusual’ Pick for Secretary of Labor Has More Health Than Retirement Track Record - Andrew Oringer, Mark Greenstein, Susan Rees and Stephen Wilkes, PLANSPONSOR, November 25, 2024 (PDF)
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays
ERISA Attorneys Outline Next Steps, Actions Item After DOL Fiduciary Rule Stays - Marcia Wagner, 40(k) Specialist, August 2, 2024 (PDF)
Retirement Security Rule Stayed
Last week was not a good week for the Department of Labor (“DOL”) in Texas. On July 25, the District Court for the Eastern District of Texas, in a civil action filed by the Federation of Americans...
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum
What’s Next for the Fiduciary Rule? Tom Clark at the NAPA DC Fly-In Forum - Thomas Clark, Jr., NAPA, July 31, 2024 (PDF)
Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation
Looming Litigation: Discussing Ongoing Fiduciary Rule Litigation - Thomas Clark, Jr., panelist, NAPA D.C. Fly-In Forum, Washington D.C., July 30 - 31, 2024 - Click here for details
DOL’s New Fiduciary Regulation and Exemptions
DOL’s New Fiduciary Regulation and Exemptions - Marcia Wagner, speaker, Retirement Management Executive Forum (RMEF), Chicago, Il, June 5, 2024 - View PowerPoint presentation here
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers
DOL Fiduciary Rule Could Mean More Analysis, Documentation, Say Industry Watchers - Marcia Wagner, Financial Advisor IQ, June 5, 2024 (PDF)
DOL Releases Final Rule Revising FLSA Overtime Regulations
By Virginia Peabody (Senior Consultant) and Cassandra White (Paralegal) On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing...
DOL Revokes Association Health Plan Regulations
The Department of Labor (“DOL”) has revoked its Association Health Plan (“AHP”) regulations and expects to replace them with stricter standards that provide additional employee protections....
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules
’Staggering Penalties’ Possible For Financial Firms Because of DOL Rules - David Gabor and Katherine Brustowicz, Rethinking65, May 7, 2024 (PDF)
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
4 Takeaways from DOL’s Final ERISA Investment Advice Regs
4 Takeaways from DOL's Final ERISA Investment Advice Regs - Andrew Oringer, Law360, April 25, 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)
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)
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions
Surviving the New DOL Game Plan for Prohibited Transaction Exemptions - Michael Schloss and Stephen Wilkes, The Wagner Law Group Webinar, March 19, 2024, 12:00 - 1:00 PM (EDT) - Click here for...
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)
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)
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax
DOL Sues Blue Cross Blue Shield Minnesota for Collecting $66.8M in Provider Tax - Andrew Oringer, PLANSPONSOR, January 17, 2024 (PDF)
Eleventh Circuit Adopts Strict Standard for FMLA Claims
The Eleventh Circuit Court of Appeals, in Lapham v. Walgreen Co., has ruled that the “but for” legal standard applies to Family and Medical Leave Act (“FMLA”) retaliation claims. Law. The FMLA...
DOL Proposes to Rescind 2018 Association Health Plan Rule
DOL Proposes to Rescind 2018 Association Health Plan Rule - Roberta Casper Watson, PLANSPONSOR, December 22, 2023 (PDF)
The SEC Fires All Guns Against a Crypto Platform Plan Fiduciaries Should Take Note
By Kim Shaw Elliott The SEC announced November 20 that it has charged Payward Inc. and Payward Ventures, Inc. (together “Kraken”, an online crypto platform) with a litany of securities registration...
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers
A ‘Sea Change’ May be Coming for Investment Advice about 401(k)-to-IRA Rollovers - Andrew Oringer, CNBC, November 8, 2023 (PDF)
3 Takeaways From DOL’s New Fiduciary Proposal
3 Takeaways From DOL's New Fiduciary Proposal - Andrew Oringer, Law360, November 2, 2023 (PDF)
The Retirement Security (Nee Fiduciary) Rule Rides Again
By Michael Schloss, Andrew Oringer, Barry Salkin, John Sohn and Stephen Wilkes Earlier this week, on October 31, 2023, the Department of Labor (the “Department”) rolled out its long anticipated new...
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections
Investors Roll More Than $600 Billion a Year to IRAs. Anticipated Labor Department Rules Could Raise Their Protections - Andrew Oringer, CNBC, October 6, 2023 (PDF)
ERISA: Defense Strategies to DOL Litigation and Investigations
ERISA: Defense Strategies to DOL Litigation and Investigations - Stephen Wilkes, panelist, The Knowledge Group Live Webcast, October 18, 2023, 12:00 - 1:30 PM (EDT)
SEC, DOL, FINRA Regulatory Issues – Annuities in ERISA Retirement Plans
SEC, DOL, FINRA Regulatory Issues - Annuities in ERISA Retirement Plans - Stephen Wilkes, speaker, National Association of Compliance Professionals (NSCP) 2023 National Conference, Dallas, TX,...
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite
DOL Braces For Hostile Reception To Fiduciary Rule Rewrite - Andrew Oringer, Law360, September 12, 2023 (PDF)
New Fiduciary Rule Sent to OMB By Department of Labor
New Fiduciary Rule Sent to OMB By Department of Labor - Thomas Clark, Jr., NAPA, September 9, 2023 (PDF)
DOL Revises Medicaid/CHIP Model Notice
The Department of Labor (“DOL”) has released a revised Model Notice for employers to use to inform employees about the potential for them to receive state-provided premium assistance subsidies to...
Failure to Follow Claims Regulations Results in De Novo Review
The U.S. District Court for the Southern District of New York, in Rhodes v. First Reliance, has ruled that an insurer’s denial of a long-term disability (“LTD”) claim must be reviewed under the de...
UnitedHealth Group Insurance TPA, UMR Sued by DOL
UnitedHealth Group Insurance TPA, UMR Sued by DOL - Andrew Oringer, PLANSPONSOR, August 2, 2023 (PDF)
Departments Issue Guidance on No Surprises Act and Limitations on Cost Sharing Under the Affordable Care Act
By Dannae Delano, Roberta Watson and Barry Salkin In FAQ Part 60, the Departments of Health and Human Service, Treasury, and Labor (the “Departments”) addressed limitations on cost sharing under the...
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid
DOL Advises Plan Sponsors to Extend Enrollment Period for Employees Losing Medicaid - Roberta Casper Watson, PLANSPONSOR, July 24, 2023 (PDF)
FAQ Clarifies Status of In-Network Providers, Facility Fees
FAQ Clarifies Status of In-Network Providers, Facility Fees - Roberta Casper Watson, PLANSPONSOR, July 10, 2023 (PDF)
DOL Proposes Limiting Short-Term ‘Junk’ Health Plans
DOL Proposes Limiting Short-Term ‘Junk’ Health Plans - Roberta Watson, PLANSPONSOR, July 7, 2023 (PDF)
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks
EBSA Publishes Regulatory Update on Health Facility Fees, Provider Networks - Roberta Casper Watson, planadviser, July 7, 2023 (PDF)
3 DOL Moves Benefits Attorneys Will Be Watching For
3 DOL Moves Benefits Attorneys Will Be Watching For - Andrew Oringer, Law360, July 3, 2023 (PDF)
DOL Sues Missouri Bankers Benefit Plan
DOL Sues Missouri Bankers Benefit Plan - Andrew Oringer, PLANSPONSOR, June 16, 2023 (PDF)
DOL Provides Guidance About Holidays During FMLA Leave
The Department of Labor (“DOL”) has issued Opinion Letter FMLA 2023-2-A (the “Letter”) to clarify how the amount of leave used is calculated when an employee takes Family and Medical Leave Act...
DOL, Trade Groups Clash Over ERISA Prohibited Transactions
DOL,Trade Groups Clash Over ERISA Prohibited Transactions - Andrew Oringer, Pensions & Investments, May 22, 2023 (PDF)
The DOL Accepts a FAQ-Out and Rolls Over . . . for Now – Appeal of ASA v. DOL Is Abandoned
By Andrew Oringer It was reported yesterday, on May 15, 2023, that the U.S. Department of Labor (the “DOL”) has abandoned its appeal in American Securities Association [“ASA”] v. U.S. Department of...
Court Ruling Vacating DOL Rollover Guidance isn’t End of Fiduciary Saga
Court Ruling Vacating DOL Rollover Guidance isn't End of Fiduciary Saga - Andrew Oringer, Pensions & Investments, May 1, 2023 (PDF)
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued]
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities [Continued] - Marcia Wagner, 401(k) Advisor, April 2023
DOL Sues Profit-Sharing Retirement Plan of California Consultant
DOL Sues Profit-Sharing Retirement Plan of California Consultant - Andrew Oringer, PLANSPONSOR, April 17, 2023 (PDF)
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities - Marcia Wagner, 401(k) Advisor, March 2023
Departments Issue Guidance Requiring First Annual “Gag” Attestation by December 31, 2023
By Dannae Delano, Roberta Casper Watson and Barry Salkin The Consolidated Appropriations Act of 2021 (“CAA”) is the most significant compliance challenge for employer health plan sponsors since the...
DOL Distinguishes Between FMLA and ADA Rights With Regards to Required Overtime
The Department of Labor (“DOL”) has issued Opinion Letter FMLA 2023-1-A with regards to employees who have health conditions that prevent them from working more than 40-hours per week. DOL was asked...
Battle Over ESG Means Balancing Act For Benefits Plans
Battle Over ESG Means Balancing Act For Benefits Plans - Andrew Oringer, Law360, March 3, 2023 (PDF)
Court Ruling Vacating DOL Rollover Guidance Isn’t End Of Fiduciary Saga
Court Ruling Vacating DOL Rollover Guidance Isn't End Of Fiduciary Saga - Andrew Oringer, Pensions & Investments, March 1, 2023 (PDF)
DOL Court Loss Casts Shadow On Fiduciary Rulemaking
DOL Court Loss Casts Shadow On Fiduciary Rulemaking - Andrew Oringer, Law360, February 17, 2023 (PDF)
Was the DOL FAQed Out and Rolled Over? Second Court Rejects DOL’s Interpretation of ERISA’s Fiduciary Rule
By Andrew Oringer Two recent federal courts, in Carfora v. TIAA, No. 1:21-cv-08384 (S.D.N.Y. Sept. 27, 2022) and American Securities Association [“ASA”] v. U.S. Department of Labor, No....
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities – Marcia Wagner, 401(k) Advisor, February, 2023
DOL Rule Permits Consideration of Climate and ESG Factors and Codifies Proxy Voting Responsibilities
By Stephen Wilkes, Izzy Goldowitz and John Sohn On November 22, 2022, the Department of Labor (“DOL”) issued a final rule modernizing and revising the long-standing Investment Duties Regulation....
DOL’s New ESG Rule ‘Unremarkable’
DOL’s New ESG Rule ‘Unremarkable’ - Marcia Wagner, Forbes, November 23, 2022 (PDF)
Agencies Request for Comments on Issues Related to New Disclosures Under the No Surprises Act Indicate the Importance of Informing Marginalized Populations and Maintaining Privacy of Advance Health Care Information
By Roberta Casper Watson, Dannae Delano and Barry Salkin It should come as no surprise that most Americans do not have the information available to them that is necessary to make informed decisions...
Free Webinar: Is Your Plan Ready for a DOL Audit – Recording Available
RECORDING AVAILABLE HERE Every year, the Department of Labor (DOL) and the Internal Revenue Service (IRS) perform thousands of audits on employee benefit retirement plans. Even under the best...
Department of Labor Updates Guidance on Independence of Qualified Plan Accountants
Plan sponsors of large employee benefit pension plans are familiar with the requirement of audited financial statements for annual reporting purposes. That requirement is discussed in the DOL’s...
Court Finds Employee-Paid LTD Policy Was Part of Employer’s ERISA Plan
A federal district court in the Middle District of Tennessee has held, in Insurance Company of America, that a long-term disability (“LTD”) policy offered under an employer’s group health plan was...
Labor Opinions are Fair Game for Litigation After Circuit Ruling
Labor Opinions Are Fair Game for Litigation After Circuit Ruling - Roberta Watson, Bloomberg Law, August 19, 2022 (PDF)
Department of Labor (“DOL”) Proposes to “Update” QPAM Exemption
One of the most frequently used of the prohibited transaction class exemptions is Prohibited Transaction Class Exemption 84-14, which provides an exemption for Qualified Plan Asset Managers (the...
ERISA World Awaits Next EBSA Move on Proposed Restrictions on the Prohibited Transaction Exemptions Process
It has been almost four months since the Employee Benefit Security Administration (EBSA) of the Department of Labor (“DOL”) published its proposed amendments to regulations for the procedures by...
DOL Proposes Tougher Prohibited Transaction Exemption Procedures
DOL Proposes Tougher Prohibited Transaction Exemption Procedures - Stephen Wilkes and Mark Greenstein, Bloomberg Tax, June 6, 2022 (PDF)
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers
401(k)s with Bitcoin Should Expect Lawsuits: Lawyers - Mark Greenstein, Ignites, June 2, 2022 (PDF)
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures
The Wagner Law Group Comment Letter to DOL Regarding New Rules for Prohibited Transaction Exemption Application Procedures - May 31, 2022
Retirement Bill Eyeing ERISA Arbitration Ban Stirs Strong Reaction: PLANSPONSOR
Retirement Bill Eyeing ERISA Arbitration Ban Stirs Strong Reaction - PLANSPONSOR, May 24, 2022 (PDF)
4 Takeaways As DOL Mulls Climate Risk For Retirees: Law360
4 Takeaways As DOL Mulls Climate Risk For Retirees – Law360, May 20, 2022 (PDF)
Are Brokerage Windows an Effective Way of Limiting Fiduciary Risk After Hughes v. Northwestern?
In Hughes v. Northwestern University, 142 S.Ct. 737 (January 24, 2022), the Supreme Court held that fiduciaries to self-directed defined contribution retirement savings plans are responsible for...
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk?
Would A Brokerage Window Limit An ERISA Plan’s Fiduciary Risk? – Barry Salkin and Mark Greenstein, Financial Advisor Mag, May 4, 2022 (PDF)
White Paper: Proposed Changes to Prohibited Transaction Exemption Procedures
By: Stephen P. Wilkes, Partner; Mark Greenstein, Of Counsel DOL PROPOSES TOUGHER PROHIBITED TRANSACTION EXEMPTION PROCEDURES LAW The Employee Retirement Income Security Act of 1974, as amended...
Ninth Circuit Finds Welfare Plan Did Not Abuse Its Discretion In Denying Benefits
The Ninth Circuit Court of Appeals, in Alves v. Hewlett-Packard Comprehensive Benefits Plan, has found that a welfare benefit plan’s claims administrator did not abuse its discretion in denying a...
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule
New Lawsuit in 5th Circuit Challenges Revised DOL Fiduciary Rule – Stephen Wilkes, WealthManagement.com, February 7, 2022 (PDF)
DOL “Clarifies” Guidance on Private Equity Investments In Defined Contribution Plans
It has been a frequently stated observation that the policy position of the Department of Labor (“DOL”) on pension issues may vary a bit with the party occupying the White House. A recently issued...
Plans Must Cover Over-the-Counter COVID Tests
The Department of Labor, Department of Health and Human Services, and the IRS (the “Agencies”) have issued Frequently Asked Questions #51 (“FAQs”) regarding implementation of the Families First...
Department of Labor Announces Temporary Enforcement Policy for Group Health Plan Service Provider Disclosures
By Roberta Casper Watson, Dannae Delano and Barry Salkin The Consolidated Appropriations Act, 2021 (“CAA”) amended Section 408(b)(2) of ERISA to require that providers of brokerage services or...
The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions
by Roberta Watson, Barry Salkin and Virginia Peabody This Law Alert serves as an update to the Law Alert sent out on March 19, 2020 concerning the paid leave and group health plan provisions of The...