Since September 2023, plaintiffs have filed numerous class action lawsuits alleging that the use of 401(k) forfeitures to offset future employer contributions violates the Employee Retirement Income Security Act of 1974...more
Historically, the IRS' Employee Plans Compliance Resolution System (EPCRS) has provided employers structured options for correcting retirement plan failures. Under this framework, certain operational errors qualified for...more
The U.S. Department of Labor (DOL) on April 23, 2024, issued the Retirement Security Rule (the Final Rule), which expands who qualifies as an investment advice fiduciary for purposes of the Employee Retirement Income Security...more
6/14/2024
/ 401k ,
Amended Rule 702 ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary ,
Fiduciary Rule ,
Financial Services Industry ,
Investment Adviser ,
Multi-Factor Test ,
New Rules ,
Prohibited Transactions ,
Retirement Plan
The U.S. Department of Labor (DOL) on Nov. 22, 2022, announced its adoption of amendments to the regulation setting out retirement plan fiduciary duties of prudence and loyalty under the Employee Retirement Income Security...more
12/9/2022
/ Amended Rules ,
Benefit Plan Sponsors ,
Biden Administration ,
Climate Change ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Environmental Social & Governance (ESG) ,
Executive Orders ,
Fiduciary Duty ,
Final Rules ,
Investment Management ,
Retirement Plan
Holland & Knight invites you to read our China Practice Newsletter, in which our authors discuss pertinent Sino-American topics. The firm provides legal assistance to Chinese investors and companies doing business or making...more
11/2/2022
/ Acquisitions ,
Annual Reports ,
Biden Administration ,
CFIUS ,
China ,
Cross-Border Transactions ,
Department of Labor (DOL) ,
Executive Orders ,
Foreign Investment ,
Independent Contractors ,
Infrastructure ,
Mergers ,
Stock Options
The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) on Feb. 14, 2022, issued a Request for Information (RFI) to gather input regarding the protection of pensions and retirement savings...more
3/8/2022
/ Biden Administration ,
Climate Change ,
Department of Labor (DOL) ,
EBSA ,
Employee Retirement Income Security Act (ERISA) ,
Executive Orders ,
Financial Services Industry ,
Request For Information ,
Retirement Plan ,
Risk Assessment ,
Risk Management
A COBRA subsidy program was enacted in March 2021 under the American Rescue Plan Act (ARPA). On April 7, 2021, the U.S. Department of Labor (DOL) released guidance and model notices on an information…...more
4/14/2021
/ American Rescue Plan Act of 2021 ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Group Health Plans ,
Forms ,
Health Insurance ,
Model Forms ,
New Guidance ,
Premium Subsidies ,
Premiums ,
Relief Measures
The recently signed American Rescue Plan Act (ARPA) will have a major impact during the next six months on employers' obligations and considerations in administering COBRA health insurance benefits. Subtitle F of ARPA –...more
3/31/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Health Insurance ,
IRS ,
Notice Requirements ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
• The U.S. Department of Labor (DOL) has issued an opinion letter on when workers in a gig economy are contractors or employees.
• The analysis turns on the economic reality of the relationship between the service provider...more
5/6/2019
/ Department of Labor (DOL) ,
Economic Realities Test ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
Third-Party Service Provider ,
Virtual Marketplace Companies (VMCs) ,
Wage and Hour
• Administrators of all employee benefit plans subject to the Employee Retirement Income Security Act of 1974 (ERISA) should ensure their plans' compliance with ERISA's Summary Plan Description (SPD) requirement.
•...more
3/7/2018
/ Benefit Plan Sponsors ,
COBRA ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Penalties ,
Plan Administrators ,
Retirement Plan ,
Summary Plan Description