A Texas federal court certified a class in case brought by participants in one plan, and allowed those participants to represent participants in unaffiliated plans. The claims alleged that the defendants, who marketed and provided services to all of the
Employee Benefits Blog
Insights on Employee Benefits and Executive Compensation
The Employee Benefits Blog, published by McDermott Will & Emery, focuses on legal developments and practical issues related to employee benefits and executive compensation. It covers topics such as regulatory compliance, tax implications, workplace health and safety, employee health benefits, and the impact of employment law decisions on benefit plans. The blog also addresses emerging trends like remote work arrangements, privacy concerns related to health data, and protections for LGBTQ employees under employment discrimination laws. It provides updates on government regulations, IRS guidance, and court rulings affecting employee benefit programs and employer obligations.
Latest from Employee Benefits Blog - Page 10
Ninth Circuit Answers Some Questions About Arbitration of ERISA Claims
In two opinions—one published and one unpublished—the Ninth Circuit overturned prior precedent and held that a Plan amendment requiring arbitration meant that an individual had to arbitrate, on an individual basis, purported class claims alleging imprudent and disloyal management of…
Transgender Health Benefits: Best Practices and Legal Considerations
A growing number of medical organizations, courts and administrative bodies have stated that transition-related medical care is medically necessary and should be covered by employer-sponsored medical plans. Access to employer-sponsored healthcare coverage for transgender workers has become an issue of…
Third Circuit Upholds Decision Blocking Trump Administration’s Birth Control Rules
A Third Circuit appeals panel upheld the lower court ruling in Commonwealth of Pennsylvania v. President United States of America et al. No. 17-3752. This ruling grants a nationwide preliminary injunction against the religious and moral exemptions for employers to…
Genetic Testing Kits and FSAs
The IRS issued a private letter ruling (PLR) this week indicating that an FSA (and presumably an HSA and HRA) may reimburse a portion of the purchase of genetic testing and reports regarding ancestry and health. The IRS noted that…
Right Around the Corner: Expanded IRS Determination Letter Program Opens in September
Beginning September 1, 2019, the IRS is expanding its retirement plan determination letter program to apply to certain individually designed statutory hybrid and merged plans. Employers sponsoring hybrid plans not previously reviewed by the IRS for required (or other) plan…
7 Severance Structuring Tips for Tax-Exempt Colleges and Universities
In-house counsel and human resources professionals at tax-exempt colleges and universities often face a variety of challenges when structuring, and determining obligations due under, severance arrangements. There are some key considerations to bear in mind, which are outlined in this…
San Antonio Temporarily Suspends Paid Sick Leave Law Amidst Legal Challenge from Business Groups
In the past few years, several states and localities have passed paid sick leave laws. These laws generally require employers to offer workers paid sick leave due to illness or injury, domestic or sexual assault, or care of a family…
Federal Court Dismisses Challenge to ESOP Transaction
In Lee v. Argent Trust Co., the court dismissed ERISA claims challenging an ESOP stock transaction because the plaintiff, who “fundamentally misunderstands the nature of the” ESOP transaction, did not allege that she suffered any injury. This decision is important to…
Capital Perspective: An Analysis of Hot Topics in Benefits and Compensation
With the uncertainty of the general election just one year away—and change on the horizon—now is the time to take stock of the legal and regulatory environment to prepare your organization for the future.
On September 10 in Boston, the…