United States Supreme Court Declares Open Tax Season on On-line Retailers

By John Rich & Beth L. Fowler on June 22, 2018

In a long awaited decision reversing 26 years of existing precedent, on June 21st the United States Supreme Court ruled in South Dakota v. Wayfair, Inc., that states and other taxing jurisdictions could require out of state retailers to collect sales tax on online sales even though the retailers had no physical presence in the taxing jurisdiction.…

Employment Law Business Guide

Supreme Court Upholds ACA Federal Exchange Subsidies

By John Rich on June 26, 2015

In the latest case to challenge elements of the Affordable Care Act (“Act”), the United States Supreme Court in a six-to-three vote, ruled on June 25, 2015 in King v. Burwell that premium subsidies will remain available in 36 states in which the federal government has primary responsibility for running health insurance exchanges. The legal issue before the Court was the validity of Internal Revenue Service regulations that allow premium subsidies to individuals enrolled in…

Employment Law Business Guide

Supreme Court Rules that Fiduciaries Have an Ongoing Duty to Monitor Retirement Plan Investments

By John Rich on June 17, 2015

Last month, the United States Supreme Court ruled unanimously in Tibble v. Edison International that retirement plan fiduciaries have an ongoing duty to monitor plan investments. The ruling came in a case involving challenges to plan investment decisions made more than six years before suit was filed. The lower courts had ruled some claims were barred by the statute of limitations. In a 2007 lawsuit, participants in the Edison 401(k) Savings Plan sued various Edison…

Employment Law Business Guide

What do Employers do now that the Defense of Marriage Act is unconstitutional?

By John Rich on July 2, 2013

The Supreme Court, in U.S. v. Windsor, a case involving a refund of federal estate tax, ruled that Section 3 of the federal Defense of Marriage Act (“DOMA”) is unconstitutional. Section 3 of DOMA provided that only persons of the opposite sex could be recognized as “spouses” and “married” for purposes of federal law. According to the Supreme Court’s opinion, DOMA’s definitions of “marriage” and “spouse” impact more than 1,000 federal laws, including the Internal…

Employment Law Business Guide

EEOC Hearing on Wellness Programs Highlights Need for Guidance and Legal Risks

By John Rich on May 14, 2013

During a public meeting on May 8, 2013, the U.S. Equal Employment Opportunity Commission (EEOC) heard testimony from a panel of witnesses representing business and employee advocates and providers regarding the importance of developing guidance under the various federal statutes that are implicated by wellness programs. Notwithstanding the widespread use of wellness programs, there are numerous open issues for which definitive federal guidance has not yet been issued. The most important open issue involves wellness…

John Rich

United States Supreme Court Declares Open Tax Season on On-line Retailers

Supreme Court Upholds ACA Federal Exchange Subsidies

Supreme Court Rules that Fiduciaries Have an Ongoing Duty to Monitor Retirement Plan Investments

What do Employers do now that the Defense of Marriage Act is unconstitutional?

EEOC Hearing on Wellness Programs Highlights Need for Guidance and Legal Risks

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