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Countdown to Compliance: What Employers Need to Know About New York’s Secure Choice Savings Program

New York has officially joined the growing list of states requiring certain private employers to offer retirement savings options. The New York Secure Choice Savings Program (Secure Choice or the Program) is moving closer to...more

A Fiduciary’s Next Steps After Trump’s August 2025 Executive Order: Opening the 401(k) Door to Alternative Investments

On August 7, 2025, President Donald J. Trump issued an Executive Order designed to broaden access to alternative investments, such as private equity, commodities, real estate, and certain digital assets, for participants in...more

Harnessing AI Under ERISA: A Compliance and Oversight Guide for Retirement and Health Plan Fiduciaries

It is increasingly evident that artificial intelligence (AI) is reshaping all facets of business, and its impact on employee benefit plans is no exception. From automating plan administration to personalizing participant...more

Federal OBBBA Round-Up: What Employers Need to Know Now

President Donald Trump signed H.R. 1, “One Big Beautiful Bill Act” (OBBBA), on July 4. The OBBBA affects a wide range of workplace issues, including immigration, benefits, and employment tax liabilities. Below is only a brief...more

How a Texas Federal District Court Changed the HIPAA Reproductive Health Privacy Rule, But SCOTUS Decision May Say Not So Fast

Explained in more detail below, under the recent vacatur of most of the HIPAA Privacy Rule to Support Reproductive Health Care Privacy (the “Reproductive Health Rule”): • The broad prohibitions on disclosing protected...more

National Employee Benefits Day: Reflecting on Our Favorite Holiday

Each year, National Employee Benefits Day is a chance to reflect on the ever-changing landscape of employer-sponsored benefits. Indeed, this year may be the most pivotal since 2020’s COVID-19 relief guidance. Affecting the...more

Employers Who Administer PFML Programs Get Much-Needed Guidance from IRS

In response to taxpayer and state government requests, including a 2024 letter from governors of nine states imploring the Internal Revenue Service (IRS) to clarify the federal tax treatment of premiums and benefits under...more

Potential Shifts in Employee Benefits: A Guide for Employers Under Trump

As we prepare for another change in Administration in the White House, it is crucial for employers and plan sponsors to stay informed and prepared. While much of what lies ahead is speculative, understanding these possible...more

U.S. Supreme Court Overturns Roe and Casey: What This Decision Means for Employers

As many expected based on the draft opinion that was leaked months ago, the U.S. Supreme Court has held the U.S. Constitution does not protect the right to obtain an abortion....more

Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws

On May 2, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey,...more

SECURE 2.0 – What Employers Need to Know

On March 29, 2022, the House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0”, HR 2954). The vote was largely supported by both parties (414-5). The Senate will likely act on the bill...more

IRS Answers To Your American Rescue Plan Act COBRA Subsidy Questions

In much-anticipated guidance, the Internal Revenue Service has offered its insight on the implementation of the COBRA temporary premium subsidy provisions of the American Rescue Plan Act of 2021 (ARPA) in Notice 2021-31...more

New Mandatory Retirement Plan Requirement For Certain New York City Employers

On May 11, 2021, the City Council of New York enacted a local law to establish a retirement savings program for certain employees of private entities. What are the Details? The new law creates a mandatory...more

American Rescue Plan Act Extensions, Changes To Select Tax Credit, Compensation Deduction Provisions

The American Rescue Plan Act of 2021 expands upon some popular tax credit provisions and makes other changes to a key tax provision regarding compensation deduction limitations. These changes are summarized below...more

Consolidated Appropriations Act, 2021: PPP And Tax Provisions

The Consolidated Appropriations Act, 2021 (Act) generally provides the annual funding for the federal government and contains several important rules giving further COVID-19 relief. These include, among other things,...more

Does Your Nonqualified Plan Need To Be Amended By December 31, 2020?

Section 162(m) of the Internal Revenue Code (“Code”), which disallows the deduction by any publicly held corporation with respect to certain compensation paid to a covered employee over $1,000,000, was amended by the 2017 Tax...more

IRS Notice On Presidential Order Deferring Payroll Tax Obligations Creates Additional Uncertainty

The Internal Revenue Service has issued Notice 2020-65 to provide guidance on the employment tax deferral that is the subject of President Donald Trump’s August 8, 2020, Memorandum on Deferring Payroll Tax Obligations in...more

What It Means: President Trump’s Executive Order On Deferring Payroll Tax Obligations

On August 8, 2020, President Donald Trump issued the Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster (Executive Order). Pursuant to the Executive Order, the Secretary of the Treasury...more

GOP Stimulus Bill Would Give Some PPP Borrowers A Second Draw And Expand Forgivable Expenditures

Senate Republicans have introduced the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act, a nearly one-trillion-dollar stimulus package comprised of a package of bills that includes the Continuing...more

IRS Issues Proposed Regulations For Tax-Exempt Organizations Paying Excess Executive Compensation

The IRS issued proposed regulations under Section 4960 of the Internal Revenue Code of 1986, as amended (the “Code”), which was added as part of the Tax Cuts and Jobs Act. The proposed regulations published in the Federal...more

More Changes To The Paycheck Protection Program

In response to employer complaints that the Paycheck Protection Program (PPP) was not particularly useful to businesses (such as restaurants) that have had to remain shuttered because of the COVID-19 pandemic, Congress passed...more

Small Business Administration Issues Additional Guidance On Forgiveness Of Paycheck Protection Program Loans

The Small Business Administration (SBA) has issued guidance on the forgiveness provisions applicable to loans made under the Paycheck Protection Program (PPP) created by the CARES Act...more

Small Business Administration Issues Guidance On Forgiveness Of Paycheck Protection Program Loans

The Small Business Administration (SBA) has issued guidance on the forgiveness provisions applicable to loans made under the Paycheck Protection Program (PPP) created by the CARES Act...more

Small Business Administration (Finally) Clarifies Paycheck Protection Program Necessity Certification

Recent statements by Small Business Administration (SBA) and Treasury Department officials have confused many Paycheck Protection Program (PPP) borrowers and led many to return PPP funds or consider doing so. Finally, the SBA...more

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