McDermott Will & Emery
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By McDermott Will & Emery on Jun 15, 2016
Posted In Employee Benefits, Employment, Health and Welfare Plans
The US Equal Employment Opportunity Commission (EEOC) recently released final wellness plan regulations providing guidance on how employer wellness programs may comply with Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The EEOC made it very clear that compliance with the HIPAA...
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401(k) Plan Sponsors and Fiduciaries Face an Alarming Number of Stable Value Fund and Other Class Action Lawsuits
By McDermott Will & Emery and Todd Solomon on Jun 7, 2016
Posted In Benefit Controversies, Fiduciary and Investment Issues, Retirement Plans
In the last several months, plaintiffs have filed multiple class action lawsuits against plan sponsors, plan fiduciaries and stable value fund providers. These lawsuits, which have involved 401(k) plans sponsored by large corporations, have alleged that: Plan fiduciaries breached their fiduciary duties under the Employee Retirement Income Security Act of 1974, as amended (ERISA), by...
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More Paid Sick Leave – The New Trend Sweeping California
By McDermott Will & Emery and Michael T. Graham on May 19, 2016
Posted In Employment, Labor
Employers with employees throughout California must be wary of the patchwork of cities enacting their own paid sick leave requirements that may differ from statewide law. Read the full article.
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DOL Releases Final Regulations to Expand ERISA ‘Fiduciary’ Definition
By McDermott Will & Emery, Brian Tiemann and Joseph K. Urwitz on May 10, 2016
Posted In Labor, Retirement Plans
After more than five years of development and revision, the US Department of Labor (DOL) released final regulations to redefine a “fiduciary” under the Employee Retirement Income Security Act of 1974, as amended (ERISA) and the Internal Revenue Code of 1986, as amended (the Code). Read the full article.
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Two Adverse Decisions against Church Plans Reached at Appellate Court Level
By McDermott Will & Emery and Michael T. Graham on Apr 26, 2016
Posted In Employment, Health and Welfare Plans, Labor, Retirement Plans
Since 2014, large church-controlled health systems that offer defined benefit pension plans have seen lawsuits filed as to whether such plans are eligible to qualify for the ERISA church-plan exemption, which governs those arrangements. When a retirement plan meets the ERISA church-plan exemption, it is exempt from the typical funding and vesting requirements of ERISA...
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The Department of Labor Issues Proposed Regulations Implementing Paid Sick Leave for Federal Contractors
By McDermott Will & Emery on Apr 21, 2016
Posted In Employment, Health and Welfare Plans
The Department of Labor (DOL) recently announced its proposed regulations to implement Executive Order (EO) 13706, establishing paid sick leave for federal contractors. The proposed regulations describe the categories of contracts and employees covered by the EO, the rules and restrictions regarding the accrual and use of such paid sick leave, the obligations of contracting...
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Recent Government-Issued FAQs Clarify ACA Employer Mandate, Market Reforms
By McDermott Will & Emery on Apr 1, 2016
Posted In Employee Benefits, Employment, Health and Welfare Plans
The Internal Revenue Service and U.S. Departments of Health and Human Services and Labor recently issued guidance on the Affordable Care Act employer mandate and market reforms. Notice 2015-87 contains 26 FAQs that clarify the application of market reforms to health reimbursement arrangements and employer payment plans and the affordability of employer-sponsored health coverage, among...
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IRS Expands Ability of Safe Harbor Plan Sponsors to Make Mid-Year Changes
By McDermott Will & Emery, Jeffrey Holdvogt and Stephen Pavlick on Mar 15, 2016
Posted In Employee Benefits, Employment, Retirement Plans
The IRS recently issued guidance providing safe harbor 401(k) plan sponsors with increased flexibility to make mid-year plan changes. Notice 2016-16 sets forth new rules for when and how safe harbor plan sponsors may amend their plans to make mid-year changes, a process which traditionally has been subject to significant restrictions. Read the full article.
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Recently Updated: Guidance for Individuals with HSAs, HRAs, Health FSAs, Archer MSAs and Medicare Advantage MSAs
By McDermott Will & Emery on Feb 26, 2016
Posted In Employment, Health and Welfare Plans
The Internal Revenue Service recently updated Publication 969. This publication is used by individuals for preparing tax returns when they participate in HSAs, HRAs, health FSAs, Archer MSAs and Medicare Advantage MSAs.
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Illinois Supreme Court “Upgrades” Willful Misconduct Requirements in Unemployment Cases
By McDermott Will & Emery on Feb 11, 2016
Posted In Employment
Despite recent amendments that expand the list of misconduct that will disqualify Illinois unemployment insurance claims, a recent Illinois Supreme Court case requires communication of a specific rule or policy if an employer needs to prohibit misconduct not listed in the amended statute. Read the full article.
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