News & Analysis as of

Employee Benefits Audits

Ice Miller

The U.S. Department of Labor Confirms to Employers That a Little Self-Reflection is a Good Thing

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On July 24, 2025, the U.S. Department of Labor (DOL) issued a news release describing several programs available to employers, unions, and benefit plan administrators designed to strengthen protections for employees, while...more

Parker Poe Adams & Bernstein LLP

Department of Labor Launches New and Expanded Self-Audit Programs Related to Labor Law Compliance

On July 24, the U.S. Department of Labor (DOL) announced several self-audit and voluntary compliance programs across six of its agencies aimed at what the agency describes as helping employers, unions, and benefit plan...more

Ballard Spahr LLP

U.S. Department of Labor Self-Audit PAID Program Returns, Allowing Employers to Identify and Resolve FLSA and FMLA Violations

Ballard Spahr LLP on

The U.S. Department of Labor (DOL) announced several self-audit programs to assist employers, unions, and benefit plan officials with voluntarily assessing and correcting their compliance with federal labor laws. One of those...more

Hall Benefits Law

How Plan Sponsors Can Mitigate Risk in PBM Contracts

Hall Benefits Law on

For employers offering benefit plans, fiduciary responsibility is not just a legal designation. Under the Employee Retirement Income Security Act of 1974, as amended, the fiduciary duty is the highest standard of care...more

Ice Miller

Uncertainty at the IRS: Why Qualified Pension Plans Should Self-Audit

Ice Miller on

The Internal Revenue Service (IRS) began terminations of employees on February 20, 2025, with initial news reports of layoffs set to 6,000 terminations and a stated intent to downsize its workforce by upwards of 50 percent as...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Gambling against a government audit is a bad bet

I love Las Vegas. Great restaurants, great shows, and five trips in a row without dropping a nickel into a slot machine. Why? Because I hate gambling. I hate losing even more. Honestly, just getting out of bed every morning...more

Jackson Lewis P.C.

What California Employers Need to Know About Wage Deductions

Jackson Lewis P.C. on

It is important for employers in California to understand what is permitted for wage deductions to maintain compliance and avoid potential pitfalls. Employers in California may lawfully withhold amounts from an employee’s...more

Ius Laboris

Suspected Abuse of Sick Leave: What Can Employers in Luxembourg Do?

Ius Laboris on

Can an exceptionally high absenteeism rate justify exceptional control measures by the employer? Late last year, unconventional actions by the management of a Tesla factory in Germany came under the media spotlight....more

Holland & Hart - Employers' Lawyers

California Labor and Employment Law Updates for 2025

As we move into 2025, California continues its trend of enacting progressive and comprehensive labor and employment laws. The new legislative updates span a range of critical issues, including whistleblowing, discrimination,...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Live up to your fee arrangement

I work (outside of plan audits) on a flat fee basis. What I say is the price is the price. If I misjudged the value of a service, the fault lies with me. I still live up to the bargain I made....more

Jackson Lewis P.C.

Conjuring Health Plan Hygiene: The Final Chapter

Jackson Lewis P.C. on

As we conclude our “Health Plan Hygiene” blog series, we reflect on the important insights shared about fiduciary responsibilities under the Employee Retirement Income Security Act of 1974 (ERISA) and highlight the risk posed...more

McAfee & Taft

DOL confirms cybersecurity guidance applies to health and welfare plans

McAfee & Taft on

On Friday, September 6, 2024, the U.S. Department of Labor confirmed that its cybersecurity guidance applies to all employee benefit plans, including health and welfare plans. In 2021, the DOL issued guidance providing best...more

Bricker Graydon LLP

Did Your Auditors Find an Error During Your Plan Audit?

Bricker Graydon LLP on

It is the first week of summer, even though in Ohio the smoldering heat has made it feel like summer for weeks now. Summer reminds many of us of pool days, eating watermelon and corn on the cob, Fourth of July fireworks, and...more

Woods Rogers

They’re Back: IRS Announces Phase 2.0 of Pre-Audit Compliance Pilot

Woods Rogers on

On February 7, 2024, the IRS announced it has started the second phase of the Pre-Examination Retirement Plan Compliance Program pilot. (IRS Employee Plans News, February 7, 2024) Original Program Pilot - The initial...more

Bricker Graydon LLP

Small Change to Cash-Outs Could have Large Financial Effect

Bricker Graydon LLP on

Beginning this year, plan sponsors may increase their qualified plan’s mandatory cash-out limit from $5,000 to $7,000. The increase was enacted by SECURE 2.0, and applies to distributions made after December 31, 2023....more

Fisher Phillips

Court Orders Employer to Jail Unless He Complies with Union Fringe Benefit Fund Audit Request

Fisher Phillips on

Employers are far behind the eight ball when union fringe benefit funds come knocking to audit or collect claimed delinquent contributions – and a recent decision from an Oregon federal judge means that employers could face...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The auditors can make a mistake and not admit

For plans that require an independent audit, the point of the audit is to determine the financial health of the plan to pay benefits to participants. One aspect is looking at the terms of the plan document, and making sure...more

A&O Shearman

Pensions: what's new this week - 21 August 2023

A&O Shearman on

Welcome to your weekly update from the Allen & Overy Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. This week we cover topics including: PASA guidance on DB...more

Bricker Graydon LLP

Why Time is of the Essence More than Ever in Correcting Retirement Plan Errors

Bricker Graydon LLP on

Errors in retirement plans happen even to the most well-intentioned plan sponsors. Several decades ago, the IRS published the first version of the Employee Plans Compliance Resolution Program (EPCRS), which outlines...more

Rumberger | Kirk

Employers Should Revamp Pay Practices Following Labor Rulings

Rumberger | Kirk on

New direction from court rulings has caught the attention of employment lawyers, signaling that employers should be auditing and adjusting their pay practices. The rulings involve one of the oldest employment laws—the...more

McGuireWoods LLP

IRS Issues Interim Guidance Under Expanded EPCRS

McGuireWoods LLP on

Recently, the IRS released Notice 2023-43, providing interim guidance on Section 305 of the SECURE 2.0 Act of 2022, which expanded the Employee Plans Compliance Resolution System (EPCRS), the system through which plan...more

Kaufman & Canoles

ESOPs & Employee Benefits Q1 2023 Client Update

Kaufman & Canoles on

Welcome to Spring! We hope the new season finds you ready for the upcoming benefits changes that 2023 has in store. ...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Is it really going to be less audits?

They claim that with the change in how we count participants, there will be 20,000 fewer audits. By counting account balances instead of those that are just eligible, it looks like CPAs would see a retraction of their...more

Holland & Hart - The Benefits Dial

Should I Pay Or Should I No(t) Now: Which Expenses Can be Paid with Plan Assets?

One question that often comes up is whether an expense related to an ERISA plan can be paid with plan assets. The decision of whether to use ERISA plan assets to pay an expense is an ERISA fiduciary decision. With the recent...more

Proskauer - Employee Benefits & Executive...

IRS Opens Determination Letter Program to Individually Designed 403(b) Plans

On October 21st, the IRS announced changes to its qualified plan determination letter program. Most notably, the program has been expanded to include section 403(b) tax-sheltered annuity plans (“403(b) plans”). Although...more

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