McDermott Will & Emery
Subscribe to McDermott Will & Emery's Posts8 Steps to Record Employment Decisions in Uncertain Times
By McDermott Will & Emery on Dec 29, 2020
Posted In Employment, Labor
In light of the COVID-19 pandemic and an increased focus on social justice, stakes have never been higher for employers to make and document good employment decisions. Those that make poor employment decisions—or do not sufficiently document good decisions—face significant exposure and unwanted scrutiny, both internally and externally, during a time when many employers are...
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4 Tips to Help Benefits Plans Achieve Mental Health Parity
By McDermott Will & Emery on Nov 20, 2020
Posted In Employee Benefits, Health and Welfare Plans
As federal benefits regulators turn their focus toward plans’ mental health offerings and California lawmakers expand plans’ obligations in that area, now is a great time for employers to ensure their plan approaches mental health treatment the same way as traditional medical care. In a recent article by Law360, McDermott partner Judith Wethall helps explain...
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How Advisers Serving MEPs and PEPs Can Be Conflicted
By McDermott Will & Emery on Aug 7, 2020
Posted In Fiduciary and Investment Issues, Retirement Plans
The most obvious potential conflict of interest for advisers setting up or serving pooled employer plans is if their practice is affiliated with the investments being selected—but there are other potential pitfalls to acknowledge. In a recent article, Erin Turley, a partner with McDermott Will & Emery, said a potential conflict of interest for advisers...
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IRS Issues Relaxed Cafeteria Plan Rules
By Jacob Mattinson and McDermott Will & Emery on May 26, 2020
Posted In Health and Welfare Plans
To help cafeteria plan participants address challenges arising from the COVID-19 crisis, the Internal Revenue Service recently issued guidance allowing employers to make a number of participant-friendly changes under their cafeteria plans. While employer adoption of these more flexible rules is voluntary, plan sponsors should work with third-party administrators, insurance providers and legal advisors to...
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Summary of Commuter Benefit Laws (Current as of Feb. 3, 2020)
By Erin Steele, Jacob Mattinson and McDermott Will & Emery on Feb 20, 2020
Posted In Employee Benefits, Employment, Health and Welfare Plans
An increasing number of jurisdictions around the country, including parts of California, New Jersey and Washington, DC, are mandating that employers provide commuter benefit programs that allow employees to pay for commuting costs on a pre-tax basis. While the requirements are similar across most jurisdictions, there are specific rules for which employees are covered under...
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Third Circuit Upholds Decision Blocking Trump Administration’s Birth Control Rules
By McDermott Will & Emery on Aug 29, 2019
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans
A Third Circuit appeals panel upheld the lower court ruling in Commonwealth of Pennsylvania v. President United States of America et al. No. 17-3752. This ruling grants a nationwide preliminary injunction against the religious and moral exemptions for employers to the ACA’s birth control mandate, so employers may want to take a cautious approach toward...
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Genetic Testing Kits and FSAs
By Jacob Mattinson and McDermott Will & Emery on Aug 27, 2019
Posted In Employee Benefits, Health and Welfare Plans
The IRS issued a private letter ruling (PLR) this week indicating that an FSA (and presumably an HSA and HRA) may reimburse a portion of the purchase of genetic testing and reports regarding ancestry and health. The IRS noted that the health services portion of such a cost is a reimbursable medical expense under Code...
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SCOTUS Refuses to Review Ninth Circuit Ruling on ACA Birth Control Rules
By Ralph E. DeJong and McDermott Will & Emery on Jul 11, 2019
Posted In Employee Benefits, Health and Welfare Plans
The US Supreme Court declined to review a recent Ninth Circuit decision, blocking the interim rules that exempted employers with religious or moral objections from providing birth control coverage required by the Affordable Care Act (ACA). Until such time as this issue is clarified, it is prudent for employers with employees in certain states to...
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DOL Offers Interim Relief for Employers’ Association Health Plans
By Megan Mardy and McDermott Will & Emery on May 7, 2019
Posted In Employee Benefits, Health and Welfare Plans
Last week, the Department of Labor (DOL) responded to the district court decision striking down the final regulations expanding the ability for a group of unrelated employers to form an organization in order to offer health care to its members. The DOL’s statement setting forth policy positions regarding association health plans (AHPs) indicated its intent...
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Selling a Family or Multi-Shareholder Business to an ESOP
By McDermott Will & Emery on Apr 25, 2019
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs)
In a presentation for the National Center for Employee Ownership (NCEO) Conference, Erin Turley presented on selling a family of multi-shareholder business to an ESOP. She discussed ownership transition alternatives and how to execute the ESOP transaction. Below are a few key takeaways from the presentation. A multi-shareholder-owned company should not be a deterrent selling...
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