On March 30, 2026, the U.S. Department of Labor (“DOL”) issued a much-anticipated proposed regulation (“Proposed Rule”) that would facilitate the inclusion of alternative assets within designated investment alternatives (“DIAs”) offered under participant-directed defined contribution plans such as 401(k) plans
Compensation & Benefits Blog
The View from Proskauer on Developments in the World of Employee Benefits, Executive Compensation & ERISA Litigation
The Compensation & Benefits Blog, published by Proskauer Rose LLP, focuses on legal developments and regulatory updates related to employee compensation, retirement plans, and benefits administration. It covers topics such as ERISA compliance, qualified retirement plan limits, private investment fund regulations under ERISA, flexible spending accounts, and withdrawal liability issues affecting private equity funds and their portfolio companies. The blog addresses the intersection of labor and employment law with financial and investment considerations, providing insights on fiduciary duties, plan asset regulations, and litigation risks associated with employee benefit plans and private market investments.
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Fourth Circuit Overturns Class Certification of 401(k) Plan Investment Loss Case
In a ruling that upends conventional thinking on the standards for class certification of claims brought under ERISA section 502(a)(2), the Fourth Circuit overturned class certification of a lawsuit challenging the selection of 401(k) defined contribution plan investment funds. Trauernicht…
What’s Old is New Again: The DOL’s 1975 Investment Advice Fiduciary Rule Five-Part Test is Officially Back and Here to Stay (For Now)
By Adam Scoll
On March 20, 2026, the U.S. Department of Labor (“DOL”) published guidance (the “2026 Guidance”) that formally reinstates the DOL’s original 1975 five-part test (the “Five-Part Test”) for purposes of determining whether a person is a “fiduciary” under the U.S.…
District Court Reinforces Role of Article III Standing Limits in Post-Cunningham ERISA Litigation
As has been discussed and written about extensively, the U.S. Supreme Court lowered the pleading standard for claims alleging violations of ERISA’s prohibited transaction rules. Cunningham v. Cornell University, 604 U.S. 693 (2025). A recent decision addressing a motion…
“No Tax on Tips” and “No Tax on Overtime”: Key Considerations for Employers
Despite the simple and catchy sound-bites, the “no tax on tips” and “no tax on overtime” opportunities under the One Big Beautiful Bill Act (the “OBBBA”) have limits and require administration by both employers and employees. Most significantly, the tax…
Seventh Circuit Holds Asset Sale Does Not Require Exclusion of Contributions from Withdrawal Liability Calculation
When an employer withdraws from a multiemployer pension plan, its maximum annual payment is based on all contributions it was required to remit to the plan. In SuperValu Inc. v. United Food and Commercial Workers Unions and Employers Midwest Pension…
IRS Issues Updated Safe Harbor Rollover Notices
Retirement plan sponsors should take note of new IRS safe harbor rollover notices.
As a reminder, section 402(f) of the Internal Revenue Code requires retirement plan administrators to provide recipients of eligible rollover distributions with a written explanation of their…
ISS and Glass Lewis Release Compensation-Related Updates For 2026 Proxy Season
As part of their annual policy review cycles, Institutional Shareholder Services (“ISS”) and Glass Lewis & Co. (“Glass Lewis”) have released their compensation-related voting policy updates that will apply starting with the 2026 proxy season. The updates to ISS’s Benchmark…
Coming Soon: DOL’s Proposed Rules Facilitating Alternative Assets in 401(k) Plans
By Adam Scoll & Jesse T. Foley
On January 13, 2026, the Department of Labor (the “DOL”) submitted to the White House Office of Management and Budget (“OMB”) proposed rules (the “Proposed Rules”) relating to the inclusion of alternative assets (such as digital assets, private equity, private…
Planning for Your Next DOL Investigation Just Got Easier
Spoiler alert. We are about to reveal the secret to learning what the U.S. Department of Labor’s Employee Benefits Security Administration (“EBSA”) will be focused on the next time it investigates your employee benefit plans? Ready? Just ask.
Last week, EBSA announced an…