DOL Updates and Confirms Cybersecurity Guidance Applies to All ERISA Plans
JD Supra » Employee Retirement Income Security Act
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1M ago
In September 2024, the U.S. Department of Labor (the “DOL”) released Compliance Assistance Release No. 2024-01 and its updated cybersecurity guidance for employers that sponsor employee benefit plans governed by the Employee ..read more
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MHPAEA Final Rule: Clarity on Mental Health Parity?
JD Supra » Employee Retirement Income Security Act
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1M ago
The three federal agencies tasked with enforcement of the Mental Health Parity and Addiction Equity Act (MHPAEA) — the Departments of Labor, Health & Human Services (through CMS), and Treasury (the Departments) — issued their ..read more
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Employer Considerations Following Wave of 401(k) Forfeiture Lawsuits
JD Supra » Employee Retirement Income Security Act
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1M ago
Over the past year, numerous employers and their 401(k) plan fiduciaries have faced lawsuits regarding how forfeited employer contributions to their 401(k) plan are utilized. This wave of lawsuits began approximately a year ..read more
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Federal Court Once Again Upholds Enforcement of New Jersey’s Temporary Workers’ Bill of Rights
JD Supra » Employee Retirement Income Security Act
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2M ago
The district court has once again upheld enforcement of the New Jersey Temporary Workers’ Bill of Rights (the “Law”). The decision comes in response to a follow-up challenge by a coalition of staffing agency industry groups ..read more
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QPAM Exemption Initial Notification Deadline Nearing
JD Supra » Employee Retirement Income Security Act
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2M ago
On April 2, 2024, the US Department of Labor (DOL) issued an amendment establishing new rules (New QPAM Rules) for what is commonly referred to as the "QPAM Exemption." The QPAM Exemption is the main exemption relied upon by ..read more
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DOL Issues Pension Risk Transfer Guidance, Focuses on PE Ownership of Insurers
JD Supra » Employee Retirement Income Security Act
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4M ago
Sponsors of defined-benefit pension plans contemplating taking steps to de-risk their plans should consider recent guidance from the U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) on pension ..read more
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Energy & Sustainability Litigation Updates — July 2024
JD Supra » Employee Retirement Income Security Act
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4M ago
On June 4, 2024, a number of Congressional Democrats (10 Senators; 28 Congressmen) sent a letter to SEC Chairman Gensler, urging that the SEC “enforce existing SEC climate disclosure-related guidance” while the legal ..read more
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No Surprises Here!  Divergent Court Rulings Spotlight Ongoing Challenges in No Surprises Act Implementation; Tee Up Split in...
JD Supra » Employee Retirement Income Security Act
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4M ago
Two District Courts have reached opposite conclusions on the enforceability of arbitration awards under the No Surprises Act (“NSA”). The two decisions, while far from the final word on the subject, highlight the most recent ..read more
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Creating a nonvoidable domestic asset protection trust (DAPT) that has multijurisdictional contacts: The state and federal...
JD Supra » Employee Retirement Income Security Act
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5M ago
Creating a domestic asset protection trust (DAPT) that both has multijurisdictional contacts and is nonvoidable in whole or in part is easier said than done. There are the state conflict-of-laws issues, a few of which I ..read more
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Final Fiduciary Rule – Part 1: New Definition of Investment Advice Fiduciary
JD Supra » Employee Retirement Income Security Act
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6M ago
The U.S. Department of Labor (DOL) released its final “investment advice rule” on April 23, 2024 — set to become effective in September — after several failed attempts, years of deliberations and multiple lawsuits. If not ..read more
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