On February 5, 2021, the United States Department of Labor withdrew its amicus brief supporting the Howard Jarvis Taxpayers Association’s (HJTA) appeal of the dismissal of its lawsuit challenging CalSavers as being preempted by ERISA.  See No Fooling HJTA Appeals Dismissal Of CalSavers Preemption Decision.  CalSavers is California’s payroll deduction IRA program requiring employers, who don’t otherwise offer a retirement plan to employees, to automatically deduct amounts from employees’ pay and contribute such amounts…

Happy Holidays!  You may have a pep in your step with the news that the FDA has approved the Pfizer vaccine to combat COVID-19.  This is certainly a reason for optimism.  However, 2021 promises to be quite PEPPY for another reason.  Pooled Employer Plans (or PEPs) can begin operating in 2021.  PEPs are Multiple Employer Plans (or MEPs) that were authorized as part of the SECURE Act enacted in 2019.  See 2020 Appropriations Bill. …

Our country lost a great lawyer, jurist, advocate, patriot, citizen, and icon on Friday.  And oh yeah, she happened to be a woman.  Of course, I’m talking about Supreme Court Justice Ruth Bader Ginsburg, the notorious RBG.  She will be missed on a court that is becoming more and more conservative and political. The debate has already begun as to whether President Trump will be able to get his nominee appointed before the election or…

On August 10, 2020, a California Superior Court Judge granted a preliminary injunction against rideshare companies Uber and Lyft requiring them to stop classifying their drivers as independent contractors violating AB5.  The injunction was stayed for 10 days to give the companies time to appeal.  AB5 codified the California Supreme Court’s Dynamex decision and became effective this past January. Boom Goes the Dynamex!. The motion for a preliminary injunction was filed by California Attorney…

Another one of my favorite guitarists is Eric Clapton who released an album titled “August” in 1986.  Recent guidance from the IRS providing certain relief for retirement plans as a result of the COVID-19 Pandemic brings this album to mind as it emphasizes action by the end of August.  Last month the IRS issued two important notices providing additional relief regarding allowing participants to repay 2020 required minimum distributions (RMDs) that were received prior to…

One of my all time favorite guitarists is Stevie Ray Vaughn, who died way too young.  Stevie sang a song titled “Look at Little Sister”  which I am reminded of every time I hear about the Little Sisters of the Poor litigation involving the Affordable Care Act (ACA).  And I’ve been reminded a lot since 2017 as the Little Sisters have been before the U.S. Supreme Court twice in that time.  The issue has involved…