On August 25, 2023, the IRS issued Notice 2023-62, which gives retirement plan sponsors a two-year administrative transition period to implement the SECURE 2.0 requirement that certain catch-up contributions to 401(k) and similar defined contribution plans be made on
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Snell & Wilmer is a full-service business law firm with multiple offices across the United States and Mexico. The firm publishes content primarily focused on a wide range of legal practice areas including corporate governance, labor and employment, intellectual property, real estate, environmental law, and regulatory compliance. Their publications often address practical legal issues such as tax law, employee benefits, labor relations, litigation strategies, and industry-specific regulations. The firm also covers emerging legal topics like data privacy, cybersecurity, and healthcare law. Their blog content is aimed at providing legal insights and updates relevant to businesses, employers, and legal professionals.
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Compliant Clawback Policies Must be Adopted Before December 1, 2023
As noted in a prior post, both the New York Stock Exchange (“NYSE”) and Nasdaq have adopted listing standards that requires issuers to adopt compliant clawback policies by December 1, 2023. Adoption of such policies and/or the amendment of…
Three Facts Every Employer Should Know about Code Section 4980H Penalties
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Another HIPAA Special Enrollment Deadline Extension – What’s a Group Health Plan to Do?
Just when you thought the confusing COVID-19 ERISA deadline extensions were behind you, the Biden-Harris Administration asks you to reconsider.
Recap – In response to the COVID-19 National Emergency, DOL and Treasury issued guidance requiring benefit plans to extend certain…
SECURE 2.0 and Required Minimum Distributions in 401(k) Plans: What Plan Sponsors Need to Know
SECURE 2.0 brought significant changes to retirement planning and distributions, including updating the Required Minimum Distribution (RMD) requirements. As background, RMDs are the minimum amounts that individuals who attain their “required beginning date” must withdraw from their retirement accounts each…
Enviro Justice Org Wants to Sue Warehouses to Enforce South Coast AQMD’s Warehouse Indirect Source Rule
Two years ago the South Coast Air Quality Management District (“SCAQMD”) adopted its Warehouse Indirect Source Rule – Rule 2305. SCAQMD regulates air quality in areas of Los Angeles, Orange, Riverside, and San Bernardina counties. The rule…
Supreme Court Holds International Use Not Trademark Infringement
By: Bailey Hopkins* and David G. Barker
The Supreme Court recently held Abitron Austria GmbH not liable for using Hetronic International, Inc.’s trademarks outside of the United States. Reversing the Tenth Circuit and resolving a circuit split, the Court held that…
SECURE 2.0 Expands Self-Correction Under EPCRS
Effective December 29, 2022, Section 305 of SECURE 2.0 expands the ability for plan sponsors to self-correct certain plan failures under the Employee Plans Compliance Resolution System (“EPCRS”). Section 305 of SECURE 2.0 generally permits the self-correction of certain “eligible…
Ninth Circuit Concludes Direct Copying Can Be Evidence of “Secondary Meaning” for Trade Dress Infringement
By: Zach Schroeder and Courtney Moore*
The Ninth Circuit recently upheld a district court’s decision in favor of furniture designer Jason Scott Collection, Inc. (“JSC”) against Trendily Furniture, LLC, Trendily Home Collection, and Raul Malhotra (collectively, “Trendily”) finding Trendily liable…
Ready for Roth Catch-Up Contributions?
- Currently, employers can (but are not required to) permit retirement plan participants who are age 50 or older to make catch-up contributions that exceed the otherwise applicable Section 402(g) limit (which is $22,500 for 2023). The 2023 catch-up contribution limit
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