Last May, we provided a client alert about a recent federal district court case (Spence v. American Airlines, No. 4:23-cv-00552-O, 2025 WL 225127, at *2 (N.D. Tex. Jan. 10, 2025)), in which a plan sponsor and certain plan fiduciaries were
Employee Benefits
Reporting developments affecting employee benefits and executive compensation
The Employee Benefits blog published by Troutman Pepper Locke focuses on legal developments and regulatory updates affecting employee benefit plans and executive compensation. Topics include changes to retirement plan contribution limits, ERISA preemption issues in litigation involving out-of-network providers, fiduciary duties and governance requirements for plan sponsors, and compliance with new state laws impacting employee bonuses and repayment obligations. The blog also covers IRS announcements on cost-of-living adjustments for qualified plans, health savings accounts, and flexible spending accounts. It provides guidance on practical steps employers and plan sponsors should take to adapt to evolving legal requirements and court decisions in the employee benefits arena.
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Top Five Health and Welfare Updates
Join Lydia Parker and Laura Ferguson, partners in Troutman Pepper Locke’s Employee Benefits + Executive Compensation Practice, as they discuss the top five health and welfare updates from 2025 to prepare you for 2026, from significant legislative changes to emerging…
DOL Advisory Opinion Confirms Post-Employment Vesting Provisions in RSUs Should Not Create an ERISA Pension Plan
On September 9, 2025, the Department of Labor (DOL) issued Advisory Opinion 2025-03A addressing the following question: Are awards of restricted stock units (RSUs) that permit post-employment vesting considered a “pension plan” subject to the requirements of the Employee Retirement…
IRS Issues Additional Guidance on Withholding and Reporting for Uncashed Retirement Plan Checks
Uncashed checks can be an administrative headache for retirement plans, potentially raising fiduciary and compliance concerns. Why?…
SEC Conducts Roundtable on Executive Compensation Disclosure Practices
As previewed in our previous blog post, the Securities and Exchange Commission (SEC) hosted a roundtable on executive compensation disclosure on June 26, with panelists considering whether and to what extent the current executive compensation disclosure requirements for public…
Executive Compensation Disclosures Are Back on the (Round)table at the SEC
The SEC announced on May 16 that it will host a roundtable discussion with representatives from public companies, compensation consultants, lawyers, investors, and other stakeholders on the topic of executive compensation programs and the related disclosures required in public company…
ESG Investing in 401(k) Plans – More Rule Changes on the Way
In our recent client alert, “Texas Federal Court Allows an ERISA Fiduciary Challenge Against Alleged “ESG Investing” Without Any ESG Funds,” we reported that a Texas district court recently upheld Biden-administration Department of Labor (DOL) rules permitting environmental,…
Navigating Legal Strategies for Covering GLP-1s in Self-Insured Medical Plans
In this episode of Troutman Pepper Locke’s Employee Benefits and Executive Compensation podcast, hosts Lydia Parker and Lynne Wakefield explore the complex legal landscape surrounding the coverage of GLP-1s prescribed for weight loss purposes within self-insured medical plans. As these…
Feeling Competitive: The Reasonableness of Forfeiture-for-Competition Provisions
Though the FTC’s noncompete ban has since fizzled out, the commotion around noncompetes also led to conversations about “forfeiture-for-competition” clauses — a similar, but distinct type of agreement.…
IRS Issues Proposed Regulations on the Expanded Definition of “Covered Employee” Under Code Section 162(m)
On January 16, the Internal Revenue Service (IRS) published proposed regulations (90 FR 4691) under Section 162(m) of the Internal Revenue Code. Section 162(m) generally limits the deductibility of compensation paid in any tax year to covered employees of a…