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Latest from Beneficially Yours
Ninth Circuit Rules – State Pension Mandate Not Preempted Even Though An Employer Chooses Not To Establish ERISA Plan
By Liz Deckman and Mark Casciari
Seyfarth Synopsis: The Court of Appeals for the Ninth Circuit has once again upheld against an ERISA preemption challenge, a State private sector benefits mandate, notwithstanding that ERISA provides that the decision to establish an ERISA plan rests solely with the employer.
The Supreme Court has often stated that ERISA is not a pension mandate statute; rather it simply encourages private sector employers to establish ERISA pension plans. See…
The Big Apple Joins a Small Crowd, With Possible Headaches for Local Employers
Don’t Look Now, But Is That A New SECURE Act On the Horizon?
Federal Court Allows Discovery In ERISA Case Based On “Information And Belief” Allegations That Plaintiff Merely Believed To Be True
By Mark Casciari and James Hlawek
Seyfarth Synopsis: A federal district court denied a motion to dismiss an ERISA complaint that was based in large part on secondhand “information and belief” allegations about the defendants’ business operations. The decision serves as a warning to defendants that they may be forced into costly discovery based on allegations that a plaintiff merely believes to be true.
We have commented on a Supreme Court decision making it…
Do You Have Employees in Washington State? Take Note: New Long-Term Care Payroll Tax Goes Into Effect January 1, 2022
Positive Employer Risk Management: Ninth Circuit Approves ERISA Plan Forum Selection Clause
By Jules Levenson and Mark Casciari
Seyfarth Synopsis: In a decision with major significance for ERISA plans, the Court of Appeals for the Ninth Circuit has upheld the validity of forum selection clauses in those plans.
ERISA is replete with details. Among them is the proper forum for litigation under the statute. ERISA lists multiple potential venues. The question then becomes whether an ERISA plan can mandate that litigation must be commenced in one of those…
A Ninth Circuit Panel Finds No ERISA Preemption Of Seattle Health Care Ordinance
By Mark Casciari and Kathleen Cahill Slaught
Seyfarth Synopsis: A recent panel decision from the Ninth Circuit rejects an ERISA preemption argument that a Seattle ordinance regulating private sector health care should be nullified in order to safeguard the ERISA administrative scheme.
On March 17, 2021, a three judge panel of the Court of Appeals for the Ninth Circuit found that ERISA did not preempt a provision in the Seattle Municipal Code that mandates hotel…
Yes, Your Health FSA Can Cover Your Surgical Mask Purchase!
Sarah Touzalin, Christina Cerasale and Irine Sorser presenting ERIC Webinar: “Unfinished Business – Guidance and Questions Under the SECURE Act”
On Thursday, April 8 at 2:00 p.m. ET, Seyfarth employee benefits attorneys Sarah Touzalin, Christina Cerasale and Irine Sorser will present the ERIC Webinar: “Unfinished Business – Guidance and Questions Under the SECURE Act.”
The COVID-19 pandemic created many forms of legislative relief and regulatory guidance in 2020. However, the pandemic also necessarily resulted in the delay of SECURE Act guidance. While the end of the year presented some guidance, there are still questions and…