We recently wrote about Rev. Proc. 2019-39, which provides for remedial amendment periods for 403(b) plans and establishes deadlines for 403(b) plans to adopt discretionary amendments and amendments that correct form defects. Rev. Proc. 2019-39 also announced the IRS’s
Inside Jobs
Employment and Benefits
Inside Jobs is a blog published by Covington & Burling LLP that focuses on employment law and workplace regulatory developments. It covers legislative changes, compliance obligations, and enforcement trends affecting employers and employees, including topics such as employment rights reforms, anti-discrimination laws, pay transparency, equal pay, and the impact of emerging technologies like AI on employment practices. The blog also addresses government guidance and agency priorities related to workplace discrimination, labor standards, and workforce management. It serves as a resource for understanding legal and policy shifts in employment law, particularly in the United States and California.
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New California Workplace Laws for 2020
California employers are ringing in the new year with a host of new workplace laws. Here is an overview of new employment-related laws, along with recommendations for compliance. All of the laws, unless otherwise specified, went into effect on January…
IRS Proposes Sweeping § 162(m) Regulations
Earlier this week, the IRS issued long-awaited proposed regulations under Section 162(m) of the Internal Revenue Code. Our colleagues at Covington’s Tax Reporting & Withholding Blog published a comprehensive summary and analysis of the proposed regulations. As you will see,…
DOL Proposal for Electronic Disclosure of ERISA Pension Documents
In October, the U.S. Department of Labor released a proposed rule that would increase plan administrators’ ability to make certain required ERISA pension disclosures through electronic, rather than paper, delivery. Below is a summary of the proposed rule with some…
Group Health Plans Face Automatic Public Disclosure of Negotiated Rates and Plan Payments
The Departments of Health and Human Services, Labor and Treasury released a new “Transparency in Coverage” proposed rule that requires most group health plans and issuers to publicly disclose negotiated rates with in-network providers and historical data showing amounts paid…
Will Your Group Health Plan’s Anti-Assignment Clause Defeat Provider Claims?
Many lawsuits against employer group health plans hinge on the enforceability of the plan’s anti-assignment provision. ERISA does not give providers the right to sue for plan benefits. A provider’s lawsuit must be derived from the participant’s right to plan…
Final Regulations Affecting Hardship Distributions Under 401(k) Plans
By Victoria Ha
On September 23, 2019, the Department of the Treasury and the Internal Revenue Service released final regulations amending the rules applicable to hardship distributions from 401(k) plans. The final regulations are substantially similar to the proposed regulations issued on November…
IRS Issues Ruling on Uncashed Distribution Checks from Qualified Plans
On September 3, 2019, the IRS issued Revenue Ruling 2019-19, which discusses participants’ and beneficiaries’ inclusion of income and qualified retirement plans’ withholding and reporting obligations for uncashed distribution checks. Although the Revenue Ruling describes only a qualified retirement…
IRS Announces Remedial Amendment Periods and Deadlines for Correction of 403(b) Plan Form Defects
By Julie Edmond
On September 30, 2019, the Internal Revenue Service issued Revenue Procedure 2019-39, which finalizes important changes to how sponsors and employers can ensure 403(b) plan compliance. The guidance is a welcome update from the Service, which initiated a regular…
Corpus Linguistics and ERISA Litigation
By Inside Jobs
On July 10, 2019, the Sixth Circuit considered vexing questions of statutory interpretation in an ERISA case. A dispute over whether a transaction bonus plan was an ERISA employee pension benefit plan hinged on the meaning of two terms common…