News & Analysis as of

Proposed Regulation Comment Period Employee Benefits

Genova Burns LLC

Independent Contractor Relationships Under Renewed Scrutiny by NJDOL

Genova Burns LLC on

On May 5, 2025, the New Jersey Department of Labor and Workforce Development opened a 60-day comment period on a proposed regulation that would make it harder for independent contractors to contract their services as...more

McDermott Will & Emery

The Proposed MHPAEA Regulations: A Comment on the Comments

McDermott Will & Emery on

In our last post, we considered some of the comment letters submitted in response to proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA) issued by the US Departments of Labor, Health and...more

McDermott Will & Emery

Discerning Congressional Purpose from the Proposed MHPAEA Regulations Comment Letters

McDermott Will & Emery on

We continue our investigation of proposed regulations under the Mental Health Parity and Addiction Equity Act (MHPAEA) issued by the US Departments of Labor, Health and Human Services and the Treasury (the Departments)...more

Groom Law Group, Chartered

Final Regulations Update Pension Plan Mortality Tables and Proposed Regulations Address COVID Impact on Substitute Tables

The IRS recently published final regulations regarding new mortality tables to be used for most qualified defined benefit plans. 88 Fed. Reg. 72,357 (Oct. 20, 2023). The new tables are effective for plan years starting in...more

Troutman Pepper Locke

IRS Proposes Regulations on Using Forfeitures in Qualified Retirement Plans

Troutman Pepper Locke on

Introduction - On February 27, 2023, the Department of the Treasury (“Treasury”) and Internal Revenue Service (“IRS”) issued proposed regulations (the “Proposed Regulations”) relating to forfeitures in tax-qualified...more

Kilpatrick

IRS to Allow Remote Notarizations for Retirement Plan Withdrawals on a Permanent Basis

Kilpatrick on

As part of its response to the COVID-19 pandemic, the IRS issued temporary relief that allowed for remote notarizations of spousal consents and other participant elections for retirement plan withdrawals under certain...more

Proskauer - Employee Benefits & Executive...

DOL’s Latest ESG Proposal: The More Things Change, the More They Stay the Same

On October 14, 2021, the U.S. Department of Labor’s Employee Benefits Security Administration (the “DOL”) published in the Federal Register a new proposed regulation (the “Proposed Rules”) on fiduciary responsibility in...more

Latham & Watkins LLP

US Department of Labor Puts ESG Investing Back on the Menu

Latham & Watkins LLP on

A new proposal would amend changes made to ERISA less than a year ago that have proved to be detrimental to ESG investing. In a sweeping reversal of Trump-era policies, the US Department of Labor (DOL) has issued a...more

Herbert Smith Freehills Kramer

New Section 162(m) Proposed Regulations

The Tax Cuts and Jobs Act of 2017 (TCJA) made significant changes to Section 162(m) of the Internal Revenue Code (Section 162(m)), expanding the scope of individuals and entities subject to Section 162(m), in addition to...more

Seyfarth Shaw LLP

Proposed Regulations for Electronic Delivery of Retirement Plan Disclosures: The DOL Modernizes the Disclosure Rules

Seyfarth Shaw LLP on

On October 22, 2019, the Department of Labor (DOL) issued proposed regulations providing guidance for retirement plan administrators using electronic delivery for required disclosures, including a new safe harbor....more

Kilpatrick

Proposed Regulation Would Provide Compliance Relief to Administrators of Multiple Employer Defined Contribution Plans

Kilpatrick on

Administrators of Multiple Employer Plans (“MEPs”)­–in which employers from different controlled groups participate–face a compliance challenge when one participating employer is out of compliance. Under the “unified plan...more

Kilpatrick

Proposed Regulations Exponentially Expand the Use of HRAs

Kilpatrick on

Health Reimbursement Accounts (HRAs) are employer funded, account-based health plans which, by design, reimburse up to a fixed dollar amount of medical expenses. The Affordable Care Act (ACA) has severely limited their use...more

Sheppard Mullin Richter & Hampton LLP

New Jersey Department of Labor and Workforce Development Issues Proposed Regulations For the New Jersey Sick Leave Act

As detailed previously, the New Jersey Paid Sick Leave Act (the “Act”), goes into effect October 29, 2018. In general, the Act allows New Jersey employees to accrue one (1) hour of sick leave time per thirty (30) hours...more

Fisher Phillips

NJ Employers Are One Step Closer To Mandatory Paid Sick Leave - State DOL Publishes Poster And Proposed Regulations In Advance Of...

Fisher Phillips on

In just a few short weeks, New Jersey employers will be required to comply with the state’s new Paid Sick Leave Act. Once October 29 is upon us, New Jersey employers of all sizes will need to provide up to 40 hours of paid...more

Franczek P.C.

IRS Issues Proposed Regulations on Health Plan Opt-Out Payments

Franczek P.C. on

The Internal Revenue Service (“IRS”) has issued proposed regulations that include additional guidance on the treatment of employer-provided opt-out payments for purposes of affordability under the Affordable Care Act (“ACA”)....more

Latham & Watkins LLP

Partnerships: IRS Extends Prohibition on Treating Partners as Employees

Latham & Watkins LLP on

Employees of partnerships, LLCs or their disregarded entity subsidiaries who receive equity in such entities may be treated as “self-employed” for tax purposes. On May 3, 2016, the US Treasury Department (Treasury)...more

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