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Searching Content indexed under Employment and HR by McDermott Will & Emery ordered by Published Date Descending.
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1
Tyll v. Stanley Black & Decker: When Plan Ambiguity Cost An Employer $4 Million
An employer learned the full cost of ambiguity when a Connecticut federal district court agreed with an employee's widow that the word "maximum" was ambiguous in the company's life
United States
19 Sep 2019
2
Federal Court Certifies Class In Multiple-Plan ERISA Challenge To Health-Plan And Retirement-Plan Fees
A Texas federal court certified a class in case brought by participants in one plan, and allowed those participants to represent participants in unaffiliated plans.
United States
12 Sep 2019
3
Ninth Circuit Answers Some Questions About Arbitration Of ERISA Claims
In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual
United States
9 Sep 2019
4
Transgender Health Benefits: Best Practices And Legal Considerations
A growing number of medical organizations, courts and administrative bodies have stated that transition-related medical care is medically necessary and should be covered by employer-sponsored medical plans.
United States
4 Sep 2019
5
Genetic Testing Kits And FSAs
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
United States
28 Aug 2019
6
Right Around The Corner: Expanded IRS Determination Letter Program Opens In September
Beginning September 1, 2019, the IRS is expanding its retirement plan determination letter program to apply to certain individually designed statutory hybrid and merged plans.
United States
26 Aug 2019
7
Severance And Deferred Compensation Considerations For Tax-Exempt Colleges And Universities
In-house counsel and human resources professionals at tax-exempt colleges and universities often face a variety of challenges when structuring, and determining obligations due under
United States
23 Aug 2019
8
San Antonio Temporarily Suspends Paid Sick Leave Law Amidst Legal Challenge From Business Groups
In the past few years, several states and localities have passed paid sick leave laws. These laws generally require employers to offer workers paid sick
United States
19 Aug 2019
9
Federal Court Dismisses Challenge To ESOP Transaction
In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who "fundamentally misunderstands the nature of the" ESOP transaction, did not allege that she suffered any injury.
United States
15 Aug 2019
10
Kruse-Western Wins Partial Dismissal In ERISA Lawsuit Over $244 Million Stock Sale
The federal court affirmed ERISA's limitations on the types of claims and remedies available under ERISA.
United States
8 Aug 2019
11
On Top Of ESOP Developments: Insights From The 42nd ESOP National Conference
The 2019 ESOP National Conference, an annual gathering for employee owners from all levels, association volunteer leaders and expert professionals
United States
6 Aug 2019
12
A New Day For The HRA
The Departments of Labor, Treasury, and Health and Human Services have released final rules removing the prohibition on pairing HRAs with individual health policies.
United States
2 Aug 2019
13
Big ERISA Decisions On The Horizon—SCOTUS To Review Third ERISA Case This Term
The US Supreme Court recently agreed to review the Eighth Circuit's decision in Thole v. US Bank, in which the Eighth Circuit held that participants in an overfunded defined benefit pension plan
United States
30 Jul 2019
14
Buyers' Immunity Under Employment Law Is A Myth
There are three focal points in every successorship case: (1) notice to the purchaser; (2) continuity of the business; and (3) the ability of the seller to provide relief.
United States
29 Jul 2019
15
3 Aspects Of Executive Agreements That Need An Upgrade
Executives are no longer reluctant to lawyer up.
United States
25 Jul 2019
16
Hardship Distribution Changes: What's Next?
In 2018, the Treasury Department and the IRS issued new hardship distribution rules applicable to defined contribution plans, and many plans have begun administering these new rules.
United States
24 Jul 2019
17
SCOTUS Refuses To Review Ninth Circuit Ruling On ACA Birth Control Rules
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
United States
19 Jul 2019
18
4 Ways To Manage Retirement Plan Data In New Era Of Cybersecurity
IBM estimated last year that data breaches cost companies $148 per stolen record. Given that, not surprisingly, many employers have grown increasingly
United States
17 Jul 2019
19
Implications Of The Supreme Court's Tennessee Retailers Decision
As virtually everyone in the US alcohol beverage industry knows, last week the US Supreme Court handed down its opinion in Tennessee Wine and Spirits Retailers Assn
United States
16 Jul 2019
20
It Could Happen To You: Tips For Acing A Benefit Plan Audit
Investment Issues, Health and Welfare Plans, Retirement Plans Over the past several years, the IRS and DOL have significantly increased the number of benefit plans audits conducted each year.
United States
16 Jul 2019
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