Legal News

Dorman v. The Charles Schwab Corp. narrows the options of employees asserting breach of fiduciary duty in retirement plans. Breach of fiduciary duty claims that “arise out of” and “relate to” a 401(k) plan—including those brought on behalf of the...By: Pillsbury Winthrop Shaw Pittman LLP

Beginning on October 1, most employers in Massachusetts will be required to withhold tax to fund Massachusetts Paid Family and Medical Leave benefits. There is an exception to this requirement, however, for companies that receive a tax exemption from...By: Burns & Levinson LLP

After devoting its first opinion letter to addressing aspects of its jurisdiction over higher education institutions, OFCCP recently provided additional guidance about the AAP obligations of educational institutions....By: Polsinelli

Many years ago, I represented a defined benefit plan sponsor being investigated by the Department of Labor (DOL). The DOL thought the plan sponsor had embezzled money from the plan because the deceased actuary never provided any valuation reports and...By: Ary Rosenbaum

A recent report from the U.S. Energy Information Administration (EIA) confirmed significant cost curve progress for the U.S. solar industry, offering encouraging signs that developers will successfully weather international trade disputes and...By: Foley & Lardner LLP

Non-Profit Medical Institution Subjected Employee to Illegal Medical Examinations and Fired Her in Violation of Federal Law, Federal Agency Charged - FLORENCE, S.C. - McLeod Health, Inc., a Florence, S.C.-based regional health care organization...By: U.S. Equal Employment Opportunity Commission

There continues to be new, complicated problems arising from the improper completion and use of off-the-shelf governmental pre-approval plans. Generally, a pre-approved plan from the document provider is reviewed and pre-approved by the IRS for its...By: Best Best & Krieger LLP

Retirement plan administrators can run into issues with uncashed distribution checks, most often when those distributions are mandated as required minimum distributions under the Tax Code. Last month, the IRS issued Revenue Ruling 2019-19, in which...By: Laner Muchin, Ltd.

In a 3-1 ruling issued on September 10, 2019, the National Labor Relations Board (the “Board”) established a new standard for evaluating unilateral changes by unionized employers. In M.V. Transportation, Inc., the Board abandoned the “clear and...By: Harris Beach PLLC

Enacted in 1974, ERISA celebrates its 45th birthday this year. A lot has changed in those 45 years. While ERISA has kept up with the changes at time, one area where ERISA has not stayed current is Section 404(b). Here we discuss this section in brief...By: Morgan Lewis - ML Benefits