The Wagner Law Group

Exempt or not exempt, that is the question. It is not an easy question to answer, and it did not get any easier to answer when U.S. District Judge Sean D. Jordan vacated the Department of Labor (“DOL”) rule on overtime… more

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary, Over-Time

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David Gabor

Overtime Exemption Update: Judge Vacates DOL Rule Increasing Overtime Salary Threshold

Department of Labor (DOL), Fair Labor Standards Act (FLSA), Highly Compensated Employees, Minimum Salary, Over-Time

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Seth Gaudreau

Merger and Acquisition Considerations for Employee Benefit Plans

In the context of mergers and acquisitions, an acquisition target’s qualified retirement plans, health plans, executive compensation arrangements, and benefit programs (referred to collectively as “benefit programs”) can all be… more

Acquisition Agreements, Buyers, COBRA, Compensation & Benefits, Corporate Sales Transactions

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Johanna Matloff

Important Takeaways For Employers Following The EEOC’s Final Rule Implementing the Pregnant Workers Fairness Act (PWFA)

This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June 27, 2023. Congress required the Equal Employment Opportunity Commission (EEOC) to issue regulations… more

Documentation, Equal Employment Opportunity Commission (EEOC), Final Rules, Pregnancy, Pregnant Workers Fairness Act

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Virginia Peabody

DOL Releases Final Rule Revising FLSA Overtime Regulations

On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing compensation thresholds. The rule is intended to assist lower-paid salaried workers by expanding their overtime… more

Biden Administration, Department of Labor (DOL), Exempt-Employees, Fair Labor Standards Act (FLSA), Minimum Salary

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Barry Salkin

IRS Provides Guidance on Application of SECURE 2.0 Act’s Coverage of Long-Term, Part-Time Employees

In Notice 2024-73, the Internal Revenue Service (“IRS”) issued guidance on the application of certain non-discrimination rules to long-term, part-time employees in Internal Revenue Code (“Code”) Section 403(b) plans subject to… more

401k, 403(b) Plans, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Michael Schloss

Forfeiture Accounts Hold More Than Nonvested Employer Contributions

The Wagner Law Group continues to monitor the ongoing flood of “forfeiture” litigation. This alert is our seventh reporting on and analyzing the nature of the claims raised by plaintiffs, the defenses asserted against them, and… more

Benefit Plan Sponsors, Department of Labor (DOL), Employee Benefits, Employee Retirement Income Security Act (ERISA), Employer Contributions

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Jon Schultze

IRS Provides Guidance on Application of SECURE 2.0 Act’s Coverage of Long-Term, Part-Time Employees

401k, 403(b) Plans, Benefit Plan Sponsors, Employee Benefits, Employee Retirement Income Security Act (ERISA)

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Stephen Wilkes

The Rise of Fiduciary Health Plan Litigation

According to CMS, annual health care spending in the United States reached about $4.5 trillion in 2022, 9% of which (about $405 billion) was spent on prescription drugs.[1] CMS also reports that in 2022, 18% of annual health… more

Centers for Medicare & Medicaid Services (CMS), Employee Retirement Income Security Act (ERISA), Fiduciary, Generic Drugs, Health and Welfare Plans

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The Wagner Law Group

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