Tag: ERISA

December 14, 2023

ERISA sets minimum standards that covered retirement and health plans must meet to ensure participants’ and beneficiaries’ interests are protected. In June, the Kraft Heinz Co. sued insurer Aetna for allegedly “breach[ing] its fiduciary duties and engag[ing]in prohibited transactions” in […]

July 12, 2023

COBRA allows workers to continue to receive health benefits for a limited time after experiencing a qualifying event at their company, such as voluntary or involuntary job loss, reduction in the hours, job transition, death, divorce and other life events. […]

September 13, 2022

The U.S. Department of Labor’s (DOL’s) Employee Benefits Security Administration issued Interpretive Bulletin (IB) 2022-01 on Sept. 6, updating its guidance on the independence requirement for accountants who audit employee benefits plans under the Employee Retirement Income Security Act (ERISA). […]

May 2, 2022

Are state and local “play-or-pay” laws that require employers to make minimum monthly health care payments for employees pre-empted by the Employee Retirement Income Security Act (ERISA)? The U.S. Supreme Court has been asked to resolve a disagreement among federal […]

March 29, 2022

The last two years have broken records for fiduciary litigation against retirement plan sponsors. Since 2020, there have been more than 200 new class-action lawsuits brought under the Employee Retirement and Income Security Act (ERISA) and more than 100 new […]

December 17, 2021

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a recent question from a subscriber regarding FMLA regulations and the coverage provided to employees who are […]

December 10, 2021

The U.S. Supreme Court recently heard arguments in cases that could impact claims against fiduciaries of employee benefits plans and damages in certain disability discrimination lawsuits. Here’s what employers need to know. ERISA ‘Excessive Fees’ Claim On Dec. 6, the […]

November 15, 2021

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently issued a long-awaited decision about the appropriateness of interest rate assumptions used by union pension funds to calculate withdrawal liability. The court affirmed a district court’s opinion holding […]

November 1, 2021

The Federal Arbitration Act (FAA) enforces certain arbitration agreements involving federal law, including some employment disputes and claims against employers under the Employee Retirement Income Security Act of 1974 (ERISA). But is an arbitration agreement that prohibits an individual from […]

June 15, 2021

An employer’s project completion bonus payable to employees is not an employee benefits plan under the Employee Retirement Income Security Act (ERISA) if the plan does not involve an ongoing administrative program, the 5th U.S. Circuit Court of Appeals ruled. […]

April 19, 2021

In a recent article, we looked at the pros and cons of letting soon-to-be-departing employees work the duration of their notice period or whether it’s better to cut ties quickly. Of special concern to many HR managers is whether waiving […]