News & Analysis as of

Employee Retirement Income Security Act (ERISA) Employer Contributions Employer Liability Issues

Holland & Knight LLP

Department of Labor Weighs in on 401(k) Forfeiture Class Actions

Holland & Knight LLP on

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

Fenwick & West LLP

Eligible California Employers with 5 or More Employees Must Comply with CalSavers Retirement Savings Trust Act by June 30, 2022

Fenwick & West LLP on

California law requires that employers doing business in California that do not offer a 401(k) plan must register under the CalSavers Retirement Program (the “CalSavers Program” or “Program”) and provide employee census...more

Proskauer - Employee Benefits & Executive...

Second Circuit Prohibits Retroactive Changes to Withdrawal Liability Interest Rate Assumptions

The Second Circuit Court of Appeals recently issued a withdrawal liability decision of which both multiemployer pension plans and their contributing employers should be aware. Specifically, in National Retirement Fund v. Metz...more

Mintz - Employment Viewpoints

The Impact of ERISA on the Massachusetts Paid Family and Medical Leave Law

Massachusetts Paid Family and Medical Leave, M.G.L c. 175M (“MAPFML”) establishes a system of paid leave of up to 12 weeks for birth, adoption or foster care, 12 weeks to care for a family member, 20 weeks for an employee’s...more

Mintz - Employment Viewpoints

Massachusetts Paid Family and Medical Leave Law – Focus on the Employer “Private Plan” Exemption

Employers in the Commonwealth are fast discovering that the new Massachusetts Paid Family Leave Law, M.G.L c. 175M (“MAPFML”), which begins to phase into effect June 30, 2019, asks much of employers, both administratively...more

Proskauer - Employee Benefits & Executive...

Ninth Circuit Deepens Circuit Split Over Whether Delinquent Contributions Are Plan Assets

The Ninth Circuit held that employer contributions due to a Taft Hartley fund are not plan assets until they are actually paid to the fund, irrespective of whether the plan document defines plan assets to include unpaid...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - May 2014

Proskauer Rose LLP on

Editor's Overview - This month our authors explore two important areas of ERISA's fiduciary duties applicable to single employer and multiemployer plans. First, Neal Schelberg and Aaron Feuer comment on a growing trend...more

Proskauer - Employee Benefits & Executive...

Unpaid Employer Contributions as Plan Assets: Expansion Of Liability Under ERISA

The Employee Retirement Income Security Act of 1974, as amended (“ERISA”), requires trustees of multiemployer pension and benefit funds to collect contributions required to be made by contributing employers under their...more

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