DOL Proposed Regulations on Overtime Exemption Could Increase 401(k) Plan Contributions
On March 22, 2019, the U.S. Department of Labor (“DOL”) issued proposed regulations that, if adopted in proposed form, would substantially increase compensation thresholds used to […]
The ABC’s of FMLA: A Preamble
In the employee benefit regulation world, the Family & Medical Leave Act of 1993 (“FMLA” or “Act”) takes a back seat to ERISA, perhaps because […]
Fidelity Sued Over “Secret Payments” in New Class Action
In a class-action lawsuit suit filed on February 21, 2019, in the U.S. District of Massachusetts, participants in a T-Mobile USA 401(k) plan sued the […]
Second Circuit Reverses Dismissal of Stock Drop Complaint: Opens Door to Possible Plaintiff Claims
On December 10, 2018, the U.S. Second Circuit Court of Appeals overturned a lower court’s dismissal of a “stock drop” case in a way that […]
Oops! When an Employer may Recover Mistaken HSA Contributions
Errors occur; they are part of this human life. We hope when we err it’s nothing “major” and a “quick fix” will take care of […]
Updated Penalty Amounts for ERISA 401(K) and Welfare Plans
On January 23, 2019, the DOL published annual adjustments to the civil monetary penalties for certain ERISA violations applicable to 401(k) plans. Legislation enacted in […]
IRS Releases Updated Form 2441: Child & Dependent Care Expenses
The IRS recently released a 2018 Form 2441 along with instructions. Form 2441 is: used to report Child and Dependent Care expenses; filed by the taxpayer […]
Fiduciaries Beware! Two Recent Cases Expose Potential Grounds for ERISA Liability
The path of an ERISA fiduciary has long been fraught with uncertainty and paved with obstacles, including the seeming potential for liability for nearly every […]
ERISA Regulations Often Preempt State Laws: Welfare Plans
In the world of employer compliance, it’s common to fall through Alice’s rabbit hole and end up completely confused about which laws apply to a […]