Legal News

On November 6, 2019, the Supreme Court will hear oral argument for Retirement Plans Committee of IBM v. Jander to expand on its “more harm than good” pleading standard articulated in Fifth Third Bancorp v. Dudenhoeffer. Both Dudenhoeffer and Jander...By: Foley Hoag LLP - White Collar Law &

The Internal Revenue Service issued final regulations on September 19, 2019, easing the 401(k) hardship distribution rules. The final regulations are substantially similar to the proposed regulations issued late last year, and plans that complied...By: Perkins Coie

Arizona employers are often confused by the laws that govern employee terminations in this so-called “right to work” state. The “right to work” has nothing to do with an employee’s right to keep his or her job. What they are really talking about is...By: Jaburg Wilk

On October 23, 2019, the Department of Labor (DOL) published a proposed rule that, if finalized in its current form, would make it easier for retirement plan administrators to use electronic media to furnish information to participants and...By: Bass, Berry & Sims PLC

Long term businesses in the retirement plan business don’t die overnight. It takes a very long time as we see with Sears, the goodbye takes a long time. A dying business can change course, but the problem is that there essentially has to be a change...By: Ary Rosenbaum

On October 10, 2019, Governor Newsom signed Assembly Bill 51 (AB 51) into law. This important legislation is aimed at reversing a series of cases that allow employers to unilaterally impose pre-dispute arbitration agreements on their employees as a...By: Sheppard Mullin Richter & Hampton LLP

Effective January 1, 2020, the minimum salary threshold for the executive, administrative, and professional exemptions (EAP exemptions) under the Fair Labor Standards Act (FLSA) will increase from $455 a week ($23,660 annually) to $684 a week...By: Poyner Spruill LLP

California is potentially setting the precedent on how “employees” will be defined in the future. On September 18, 2019, Governor Gavin Newsom signed Assembly Bill No. 5 into law. The bill, dubbed the “Uber Law” will go into effect on January 1,...By: Chartwell Law

There is an ongoing tension between the National Labor Relations Board (the "Board") and employers who seek to expand the use of an arbitration forum to resolve employment disputes. The U.S. Supreme Court has continued to endorse the idea that...By: Hinshaw & Culbertson LLP

On October 18, 2019, the US Court of Appeals for the Federal Circuit affirmed the Armed Services Board of Appeals’ (“ASBCA”) decision in Appeal No. 57743 that salary costs for employees participating in lobbying activities are expressly unallowable...By: Dentons