March 19, 2019

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 it is commonly slotted as “employment law” subject to States’ interpretations. However, let’s pause a moment and have a look at this federally-regulated employee benefit.  To learn more about the… Continue Reading

February 28, 2019

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 parent company of Fidelity investments, along with several FMR affiliates, alleging violations of ERISA’s fiduciary standards.  Plaintiffs allege that Fidelity, as record keeper for the plan, accepted “secret payments” from certain retirement-plan… Continue Reading

February 25, 2019

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 could add to the list of allegations participants might use to overcome employers’ motions to dismiss these types of cases. Although this case involved an employee stock ownership plan (“ESOP”),… Continue Reading

February 20, 2019

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 the mishap.  However, sometimes a minor error in the employee benefits world can be costly. Today’s topic is about what can be done (or not) if an employer mistakenly contributes… Continue Reading

February 4, 2019

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 2015 requires these adjustments to be issued by January 15 of each year, but the government shutdown prevented the DOL from meeting the statutory deadline this year*. Updated penalty amounts for… Continue Reading

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