News & Analysis as of

401k Compensation & Benefits Employee Benefits

Carlton Fields

Painting Outside the Lines: New Strokes in ERISA Forfeiture Litigation

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ERISA forfeiture class action litigation has continued to see various developments and potential new theories emerging in 2025. As Carlton Fields has previously reported, starting in late 2023, a new trend of lawsuits emerged...more

Seyfarth Shaw LLP

Gone But Not Forgotten: How to Handle Final Pay and Benefits When an Employee Passes Away, Part 2

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Benefits and Beyond: What Happens to PTO, Health Insurance, Retirement Plans, and other Benefits?...more

Seyfarth Shaw LLP

Executive Order Opens the Door to Alternative Assets in 401(k) Plans

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Shortly following our Legal Update regarding considerations for institutional investors investing in funds alongside retail investors, on August 7, 2025, President Trump issued an Executive Order (Order) entitled...more

Troutman Pepper Locke

Retirement Revolution: Expanding Access to Private Credit in 401(k)s

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On August 7, President Donald Trump issued an executive order directing federal agencies, particularly the Department of Labor, to work on expanding access to alternative investments for participants in 401(k) and other...more

Ballard Spahr LLP

Executive Order Seeks to Expand Access to Crypto and Private Investments in Defined-Contribution Plans

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On August 7, 2025, President Trump issued an executive order (the Order) instructing federal agencies to expand access to alternative asset investments for participants in defined-contribution retirement plans such as 401(k)...more

Jones Day

White House Opens Door to Broader Inclusion of Alternative Assets in Defined Contribution Retirement Plans

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A hotly anticipated August 7, 2025, executive order, "Democratizing Access to Alternative Assets for 401(k) Investors" ("EO"), aims to reduce regulatory barriers and significantly expand access to "alternative...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Don’t Count on PEPs to Deliver Big for Amazon’s DSPs

Vestwell made headlines today by announcing a new partnership with Amazon’s Delivery Service Partner (DSP) program to offer Pooled Employer Plans (PEPs) to delivery associates. Sounds impressive, right? Let’s slow down. I’ve...more

Seyfarth Shaw LLP

So, How Can Participants Invest Their Retirement Money?

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Under the current administration, the Department of Labor has once again changed course on its view of permissible investing strategies for retirement plans, warming to crypto and private equity, and confirming their distrust...more

Foley & Lardner LLP

Benefits Basics – When an Employee Becomes Disabled: A Resource Guide for HR & Benefits Professionals

Foley & Lardner LLP on

When an employee becomes disabled, a variety of questions arise regarding that employee’s entitlement to compensation and benefits. As a member of your company’s human resources or employee benefits department, employees and...more

Troutman Pepper Locke

ESG Investing in 401(k) Plans – More Rule Changes on the Way

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In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration...more

Holland & Knight LLP

IRS Proposes Key Changes to Roth Catch-Up Contributions Under SECURE 2.0

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The IRS has issued proposed regulations that clarify and implement catch-up contribution changes introduced by the SECURE 2.0 Act of 2022. Although these changes affect various forms of retirement plans, including 401(k),...more

Troutman Pepper Locke

Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged "ESG Investing" Without Any ESG Funds

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On January 10, 2025, in Spence v. American Airlines, a federal district court in Texas ruled that American Airlines (the company) and the committee overseeing its 401(k) plans (the committee) breached their duty of loyalty...more

Pillsbury - Propel

Preparing for the Unthinkable: Treatment of Compensation and Benefits on Death of an Employee

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When an employee unexpectedly dies, companies often want to act quickly so as to minimize disruption to the deceased employee’s family. While that is an important goal, companies need to ensure that they follow federal and...more

Pullman & Comley - Labor, Employment and...

Employee Benefit Plan Fiduciaries: Why Solid Fee Benchmarking Should Be On Your To-Do List

Certain transactions between employee benefit plans and “parties in interest” are prohibited under the Employee Retirement Income Security Act of 1974, as amended (ERISA). ...more

Alston & Bird

IRS Proposes Changes to 401(k) Catch-Up Contributions

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Our Employee Benefits & Executive Compensation Group discusses what plan sponsors and fiduciaries need to know about the Internal Revenue Service’s proposed changes for employees 50 or older who make additional elective...more

Foley & Lardner LLP

Taming the Tariffs: Employee Benefit Issues for Employers During Times of Economic Uncertainty – Group Employee Terminations

Foley & Lardner LLP on

Many companies are scrambling to quickly assess how to reduce the business impact of the upheaval to U.S. manufacturing and trading with the recent onslaught of tariffs threatened or imposed by the United States and the...more

DLA Piper

Trending in Transactions - Q1 2025

DLA Piper on

Recent legislation requires that all new 401(k) plans provide automatic enrollment for all eligible participants. However, plans “established” before 2023 are generally exempt. In the mergers and acquisitions (M&A) context,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Vesting doesn’t help with retention

I have worked at places that were so unpleasant that I consider myself lucky the vesting schedule was only six years. If they had the option, I’m convinced they would have implemented a 20-year vesting schedule. For me,...more

Pullman & Comley - Labor, Employment and...

Retirement Plan Update – Forfeitures are New Focus of Fiduciary Breach Litigation

Many employer-sponsored defined contributions plans, including 401(k) profit sharing plans and money purchase pension plans include a vesting schedule – a period over which a plan participant earns a nonforfeitable right to...more

Seyfarth Shaw LLP

Catching-Up on Catch-Up Contribution Changes

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New proposed regulations issued by The Department of Treasury and IRS provide guidance on the provisions related to catch-up contributions that were included under SECURE 2.0 Act of 2022 (“SECURE 2.0”)....more

Carlton Fields

The Case of Excessive Fees: Supreme Court to Investigate Pleading Standard in ERISA Excessive Fee Litigation

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ERISA class action litigation against retirement plan fiduciaries remains a prominent feature of the legal landscape this year. These lawsuits typically involve allegations that plan fiduciaries acted imprudently in...more

Clark Hill PLC

2025 Benefits Limits

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Happy Holidays! Employee benefits limits for 2025 have been promulgated by the government. Click the link below to view 2024-2025 comparisons of important employee benefits limits....more

Kilpatrick

5 Key Takeaways | IRS Final RMD Rules & Proposed Regulations to Address SECURE 2.0 Act Issues

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Kilpatrick partner Sterling Perkinson and counsel San Parikh recently presented a CLE webinar for Strafford that focused on the 2024 Final Regulations and 2024 Proposed Regulations released on July 19, 2024, implementing the...more

Faegre Drinker Biddle & Reath LLP

Things I Worry About (4): Automatic Enrollment (4)

SECURE 2.0 was enacted on December 29, 2022. Among its provisions is a requirement that “new” 401(k) plans and private sector 403(b) plans must automatically enroll their eligible employees, but not until the first plan year...more

Venable LLP

Year-End Deadlines and Dates for Employee Benefit Plans

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The end of 2024 brings important deadlines and dates for employers that sponsor 401(k) plans, 403(b) plans, governmental 457(b) plans, and group health plans....more

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