News & Analysis as of

Employee Benefits Rulemaking Process

Carlton Fields

Unsafe Harbor? Deregulation and the Limit of the Secure Act Safe Harbor for Selection of Lifetime Income Provider

Carlton Fields on

On January 31, 2025, President Trump signed Executive Order 14192, titled“ Unleashing Prosperity Through Deregulation.” Its stated purpose was to encourage the reduction of private expenditure required to comply with federal...more

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Troutman Pepper Locke

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

Troutman Pepper Locke on

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

King & Spalding

U.S. Department of Labor Updates: Yes to Crypto and No to ESG?

King & Spalding on

On May 28, 2025, the U.S. Department of Labor (“DOL”) provided updated guidance on two employee benefit plan-related investment areas: (1) cryptocurrency and (2) environmental, social, and governance (“ESG”) investing....more

Mintz

Biden Administration's DOL Rule Permitting ESG Investments Survives Legal Challenge

Mintz on

4 Last week, a federal district judge in the Northern District of Texas upheld a rule promulgated by the Biden Administration's Department of Labor enabling ESG-focused investing. Specifically, the court determined that the...more

Groom Law Group, Chartered

This Week From the Hill (February 2 – February 8, 2025)

Each week while Congress is in session, our Policy team delivers a key update to highlight a topical benefits, health, or retirement news item from the Hill, such as a newly introduced bill, a summary of a committee hearing,...more

Carlton Fields

Getting Clued In: How the SEC’s RILA Rulemaking Affects Variable Annuities

Carlton Fields on

The recent rule and form amendments adopted by the SEC to facilitate the registration of registered index-linked annuities (RILAs) and market-value adjustment annuities (MVAs) on Form N-4 have been broadly welcomed by the...more

McDermott Will & Schulte

McDermott Submits Amicus Brief to the US Supreme Court in United Behavioral Health

On January 2, 2024, McDermott filed an amicus curiae brief on behalf of the ERISA Industry Committee (ERIC) and the United States Chamber of Commerce (Chamber) in United Behavioral Health v. David K., No. 23-586, in the US...more

Ballard Spahr LLP

HHS Announces Temporary Copay Accumulator Non-Enforcement Policy

Ballard Spahr LLP on

The United States Department of Health and Human Services (HHS) has filed court pleadings stating that it does not intend to initiate enforcement actions against plans that maintain copay accumulator programs....more

Goodwin

A Step Towards Guidance Instead of Regulation by Litigation in the ESOP Space

Goodwin on

Employee Stock Ownership Plans (ESOPs), their sponsors and participants, and other industry players will welcome the news announced by the ESOP Association on April 14, 2023, that the Department of Labor (DOL) has committed...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Colorado Gears Up for Sweeping New Paid Family and Medical Leave Insurance Program

​​​​​​​Colorado employers may want to begin preparing for the implementation of Colorado’s new state-run Paid Family and Medical Leave Insurance (FAMLI) program. While Colorado voters approved Proposition 118 nearly two years...more

Fisher Phillips

Dept of Labor Sued in Crypto 401(k) Guidance Lawsuit: What Employers Need to Know

Fisher Phillips on

The battle over crypto 401(k)s reached a fever pitch last week as 401(k) provider ForUsAll Inc. filed a lawsuit against the U.S. Department of Labor (DOL) in a Washington, D.C. federal court on June 2, alleging that federal...more

Fisher Phillips

Treasury Proposes Rule to Fix Family Glitch for ACA Marketplace Coverage

Fisher Phillips on

The Department of Treasury recently issued proposed regulations to alter the rules for how individuals can get a premium tax credit (PTC) to help pay for Marketplace health coverage starting in 2023. The new rules would base...more

Sheppard Mullin Richter & Hampton LLP

Treasury Department Proposes Non-Loan Status for Earned Wage Access

In March, U.S. Department of Treasury issued its annual General Explanations of the Administration’s Revenue Proposals, commonly known as the “Green Book.”  Among other revenue proposals, the Treasury addressed the treatment...more

Goodwin

Biden Executive Order Calls for Heightened Antitrust Scrutiny

Goodwin on

On July 9, 2021, President Joe Biden announced a broad executive order (the “Order”) intended to boost what it characterizes as stagnant competition across the U.S. economy. The Order, among other things, encourages the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Making Sense of Colorado’s New Wage and Hour and Paid Sick Leave Rulemaking

Back in January, management-side labor and employment lawyers in Colorado thought the biggest wage and hour compliance issue for 2020 would be limited to ensuring clients were up to date on the expanded meal and rest break...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

DOL rules at risk under Biden

With a President Joe Biden in January, expect some major changes with the Department of Labor....more

Groom Law Group, Chartered

DOL Proposed Pooled Plan Provider Registration Rule

The Setting Every Community Up for Retirement Enhancement Act of 2019 (Pub. L. 116-94, Division O, the “SECURE Act”) created a new structure through which completely unrelated employers can participate in a single defined...more

Groom Law Group, Chartered

DOL Presses Forward With Lifetime Income Disclosure in Defined Contribution Plans

On August 18, 2020, the Department of Labor (the “DOL”) issued an interim final rule (the “IFR”) implementing Section 203 of the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), which...more

Seyfarth Shaw LLP

Show Me the (Monthly) Money!

Seyfarth Shaw LLP on

Seyfarth Synopsis: On Tuesday, August 18, 2020, the Department of Labor’s Employee Benefits Security Administration (EBSA) released an interim final rule related to a new disclosure that will need to be provided as a part of...more

Fisher Phillips

A Second Bite At The Apple: EEOC Releases Plan For New Wellness Program Rule

Fisher Phillips on

Is the EEOC finally ready to replace its invalidated rule allowing employers to incentivize participation in employer-sponsored wellness programs? Just maybe. Late last week, the EEOC voted 2-1 to send a notice of proposed...more

Seyfarth Shaw LLP

Finally! DOL Issues Final Regulations for the E-Delivery of Retirement Plan Disclosures

Seyfarth Shaw LLP on

After a long process, which stretched on for over a decade, on May 27, 2020, the Department of Labor (“DOL”) published final regulations regarding the electronic delivery of required disclosures under the Employee Retirement...more

Orrick, Herrington & Sutcliffe LLP

California AG Releases More Modifications to CCPA Regulations

On March 11, 2020, the California Attorney General, Xavier Becerra, (“California AG”) released a second set of modifications to the proposed regulations pursuant to the California Consumer Privacy Act of 2018 (“CCPA”). These...more

Proskauer - Labor Relations Update

NLRB Issues its Final Rule for its New Joint Employer Standard

This morning the National Labor Relations Board (the “Board”) unveiled the final rule setting forth the new legal test it will apply in analyzing whether affiliated businesses are “joint employers”. The final rule, which will...more

Groom Law Group, Chartered

PBGC’s Regulatory Spring Cleaning: Numerous Changes, Updates, and Clarifications to PBGC Reporting, Termination, and Premium Rules

On February 4, 2020, the Pension Benefit Guaranty Corporation (“PBGC”) issued final regulations (the “Final Rule”) covering reportable events, annual reporting under ERISA section 4010, plan termination filings, and PBGC...more

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