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Archive by tag: Kilpatrick Townsend & Stockton LLPReturn

Deeper Dive into the new Electronic Disclosure Safe Harbor

In April 2011, the U.S. Department of Labor (DOL) requested information from the public on how the DOL could structure a new safe harbor for electronic disclosures under ERISA. The DOL received hundreds of comments from employers and plan sponsors...By: Kilpatrick Townsend & Stockton LLP
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How to Ride the Wave of COBRA Notice Litigation without Wiping Out

As employers have noticed, there is a growing wave of COBRA notice class action lawsuits filed against large employers with at least six cases being filed in 2019 alone. In each of the cases, the plaintiffs allege that the COBRA election notice...By: Kilpatrick Townsend & Stockton LLP
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2020 Health and Fringe Benefit Plan Limits

Today, the IRS released the annual adjustments for health FSAs, transportation plans and employer adoption assistance benefits. The following chart indicates these new limits, along with other health plan limits applicable for 2020....By: Kilpatrick Townsend & Stockton LLP
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2020 Retirement Plan Limits Increase

Yesterday, the IRS increased almost every major retirement plan limit as part of its annual cost of living adjustments. The increased limitations are set forth in the following chart....By: Kilpatrick Townsend & Stockton LLP
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DOL Proposes New Electronic Disclosure Safe Harbor for Retirement Plans

In April 2011, the U.S. Department of Labor (DOL) requested information from the public on how the DOL could structure a new safe harbor for electronic disclosures under ERISA. The DOL received hundreds of comments from employers and plan sponsors...By: Kilpatrick Townsend & Stockton LLP
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Pennsylvania Expands Mandatory E Verify Use to Entire Construction Industry

Pennsylvania recently passed noteworthy new legislation known as the Construction Industry Employee Verification Act (the “Act”). The Act requires all employers in the construction industry to use E-Verify, a free government database, to confirm the...By: Kilpatrick Townsend & Stockton LLP
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IRS Issues Rules for Correcting 403(b) Plan Document Defects

Nonprofit or governmental employers that sponsor 403(b) plans generally have until March 31, 2020, to correct any defects in their 403(b) plan documents by adopting a pre-approved plan document or by amending their individually designed plans to...By: Kilpatrick Townsend & Stockton LLP
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California Adopts Confusing FSA Notification Requirement

California recently enacted AB 1554 which purportedly requires an employer to notify employees of any deadline to withdraw funds from a flexible spending arrangement (“FSA”) before the end of the plan year. The law applies to health care FSAs,...By: Kilpatrick Townsend & Stockton LLP
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Fifth Circuit Affirms Reformation of Overly Broad Non Compete

The Fifth Circuit’s recently released opinion in Brock Services, L.L.C. v. Richard Rogillio, No. 19-30363 (5th Cir. Aug. 27, 2019) provides valuable guidance regarding non-compete provisions that can impact both employers and employees alike no...By: Kilpatrick Townsend & Stockton LLP
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HSA Contributions are not Earnings for Purposes of Wage Garnishment

The Department of Labor’s Wage and Hour Division (WHD) released Letter CCPA2019-l on September 10, 2019 (the letter). The letter determined that for purposes of the Consumer Credit Protection Act (CCPA), Health Savings Account (HSA) employer...By: Kilpatrick Townsend & Stockton LLP
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