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Home > Federal Law Articles > Employee Benefits > ERISA

Articles Discussing ERISA.

ERISA Fiduciary Breach Action Narrowly Hurdles Motion to Dismiss in Minnesota

February 15, 2023 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

An ERISA action alleging breaches of fiduciary duty recently cleared the pleadings stage in Minnesota district court, narrowly avoiding a complete dismissal. See Schave v. CentraCare Health Sys., No. 22-cv-1555 (WMW/LIB), 2023 U.S. Dist. LEXIS 13786 (D. Minn. Jan. 27, 2023).

In Schave, a CentraCare employee challenged the healthcare

Employers Prepare for Thawing ERISA Deadlines

February 8, 2023 | Ogletree Deakins Filed Under: ERISA

With the pandemic winding down, deadlines for employee benefit plans governed by the Employee Retirement Income Security Act (ERISA) will be resuming. Two different emergencies affect employer-sponsored group health plans: the national emergency and the public health emergency.

Seventh Circuit Case Confirms that “Full and Fair Review” of Disability Claims Requires Disclosure of New Evidence Before Denying Appeals

February 2, 2023 | Littler Filed Under: ERISA

Littler

A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations. The decision also serves as a reminder for plan administrators to review their claims review procedures to ensure compliance with

Update in ERISA Litigation Involving Breaches of Fiduciary Duty Claims

January 26, 2023 | Littler Filed Under: ERISA

Littler

Several appellate courts over the past year have applied Supreme Court precedent to determine whether complaints properly allege a breach of fiduciary duty under ERISA to warrant relief. Trends useful for employers defending such lawsuits have emerged.

Lawsuits against employers offering retirement benefit plans have been on

First Circuit Creates New Fiduciary Duty Under ERISA for Insurers Accepting Group Premiums from Employers

December 13, 2022 | Littler Filed Under: ERISA

Littler

First Circuit held that an insurer has a fiduciary duty under ERISA to verify individual employee eligibility for group benefit plan coverage at or near the time of enrollment. Insurers can shift the duty of eligibility verification to employers through the plan’s language.

DOL Issues Final Rule for ERISA Fiduciaries Considering Socially Conscious Investments

December 12, 2022 | Littler Filed Under: ERISA

Littler

Employers offering 401(k) and similar retirement plans should familiarize themselves with a new rule published by the Employee Benefits Security Administration of the U.S. Department of Labor, Prudence and Loyalty in Selecting Plan Investments and Exercising Shareholder Rights, which takes effect on January 30, 2023.

December 27, 2022, Deadline for Mandatory Rx Data Collection Reporting

November 17, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

As group health plan sponsors, employers are responsible for ensuring compliance with the prescription drug data collection (RxDC) reporting requirements added to ERISA by the Consolidated Appropriations Act of 2021 (CAA).  Under ERISA section 725, enforced by the US Department of Labor (DOL), group health plans (not account-based plans, e.g.,

Court Finds No ERISA Liability for Plan Provider Who Delivered Self-Interested Rollover Advice  

October 27, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

A New York federal court recently held that a service provider for employer-sponsored retirement plans was not liable as a fiduciary under the Employee Retirement Income Security Act (“ERISA”) when it used participant information to encourage certain plan participants to roll over assets into its more expensive managed account

Failure to Identify Sound Comparisons Sinks ERISA Fee, Investment Claims in Eighth Circuit

October 19, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

Plaintiffs must plead a “sound basis for comparison—a meaningful benchmark” — to sustain their claims of imprudent investment and excessive fee against a 401(k) plan, the federal appeals court in St. Louis has held, dismissing a class action lawsuit for breached of fiduciary duties under ERISA. Matousek v. MidAmerican Energy Co., No. 21-2749 (8th Cir. Oct. 12, 2022).

Novel ERISA Preemption Questions Presented by U.S. Supreme Court’s Dobbs Decision

June 30, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

The U.S. Supreme Court’s opinion in Dobbs v. Jackson Women’s Health Organization, No. 19-1392 (June 24, 2022), overruling Roe v. Wade and Planned Parenthood v. Casey, has far-reaching consequences across many areas. This special report examines the potential impact Dobbs will have on employee benefits litigation.

Congress Considers Banning Discretionary Clauses in ERISA Plans

May 20, 2022 | Littler Filed Under: ERISA

Littler

On May 12, 2022, the “Employee and Retiree Access to Justice Act” was introduced in the House of Representatives by Mark DeSaulnier (D-CA).  Senator Tina Smith (D-MN) introduced a companion bill in the Senate. The bill seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by

Supreme Court to Consider Interplay of ERISA and Local “Play-or-Pay” Laws

May 13, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

The Employee Retirement Income Security Act of 1974 (“ERISA”) aims to balance the dual policies of (1) ensuring fair and prompt enforcement of rights under employee benefit plans, and (2) encouraging the creation of such plans. To strike this balance, ERISA pairs comprehensive rules regarding fiduciary responsibility with federal causes

Dealing With Undocumented Workers In ERISA Plans

May 13, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

Whether because of the tight U.S. labor market or flawed onboarding processes, many undocumented workers are becoming participants and accruing benefits in ERISA-governed employee benefit plans. Dealing with such plan participation adds yet another layer of administrative difficulty and legal exposure for employers who hire employees not authorized to work

Do Employers Need a CISO for ERISA Compliance?

March 11, 2022 | Jackson Lewis Filed Under: ERISA

Jackson Lewis

According to a recent survey, about 45% of companies do not have a Chief Information Security Officer (CISO). As West Monroe’s “The Importance of a CISO” observes, it would be terrific for all organizations to have a CISO, but that simply may not be practical for some, particularly smaller organizations.

Second Circuit Finds No Successor Liability for ERISA Withdrawal Where Employer Did Not Acquire Unionized Facility or Employees

February 9, 2022 | Littler Filed Under: ERISA

Littler

On January 27, 2022, in New York State Teamsters Conference Pension and Retirement Fund v. C&S Wholesale Grocers, Inc., the Second Circuit joined the Third, Seventh, and Ninth Circuits in applying the doctrine of successor liability to claims for withdrawal liability under the Employee Retirement Income Security Act (ERISA).

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