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Employee Retirement Income Security Act (ERISA) › Internal Revenue Code (IRC) › Employer Liability Issues

Carlton Fields

Faulty COBRA Notices Can Cost Big Bucks

Carlton Fields on

When COBRA cases survive motions to dismiss, big dollars are at stake. Marrow v. E.R. Carpenter Co., No. 8:23-cv-02959, is a class action lawsuit filed in the U.S. District Court for the Middle District of Florida on behalf...more

Faegre Drinker Biddle & Reath LLP

The New Fiduciary Rule (40): Rollovers and the Insurance License Issue

Faegre Drinker Biddle & Reath LLP on

The Department of Labor’s final regulation defining fiduciary status for investment advice to retirement investors will be effective this September 23. Where a fiduciary recommendation results in additional compensation for...more

Goodwin

Employment Status - A View From Both Sides of the Pond

Goodwin on

In recent years, employment status has been an evolving topic globally as various jurisdictions grapple with how to properly categorise increasingly flexible forms of working. A regulatory change in the United States by the...more

Bricker Graydon LLP

Unicorn, Ostrich or Okapi? Fiduciary Duties for Governmental Retirement Plan Sponsors

Bricker Graydon LLP on

Most retirement plan sponsors know that ERISA - the federal law that imposes duties (and liability for breaching those duties) on certain individuals and entities that are defined as plan fiduciaries – is the primary source...more

Snell & Wilmer

New California Legislation Makes it More Difficult to Classify Workers as Independent Contractors

Snell & Wilmer on

California Assembly Bill 5 has been branded as the killer of the gig economy. It adds to the California Labor Code a new test for deciding who is properly classified as an independent contractor. Workers will be considered...more

Fisher Phillips

The “E” Is Not For Employer

Fisher Phillips on

When I speak with employers about the onerous obligations under ERISA and the court decisions that followed, I frequently tell them that the “E” in ERISA stands for “employee,” not employer. It’s good to keep this in mind...more

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

Dos and Don’ts for Drafting Severance Agreements

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

There are a number of important considerations for employers to keep in mind when drafting a severance agreement. Join Milwaukee shareholders Bud Bobber and Brian Radloff for a discussion of practical tips for drafting...more

Eversheds Sutherland (US) LLP

Insurance Agents as Employees? Court Breaks Independent Contractor Precedent

Eversheds Sutherland (US) LLP on

On August 1, 2017, the US District Court for the Northern District of Ohio held that insurance agents working under independent contractor agreements with an insurer were employees for purposes of pursuing pension and other...more

Gerald Nowotny - Law Office of Gerald R....

Discriminatory Defined Benefit Plans: Finding Retirement Gold in the Least Likely of Places

Gerald Nowotny - Law Office of Gerald R.... on

We live in politically charged times. Congress seems unable to reach a consensus on anything, including where to have the annual congressional Christmas ball! Years of political crossfire over the Affordable Care Act have...more

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