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Employee Benefits

Fifth Circuit Vacates DOL Fiduciary Rule

On March 15, 2018, the United States Court of Appeals for the Fifth Circuit vacated the Department of Labor’s Fiduciary Rule.  The Fiduciary Rule (which is actually seven different rules promulgated by the Department of Labor) imposed heightened standards on retirement investment advisors, and expanded the definition of fiduciary under ERISA.  The Rule went into […]

Updated Guidance For The Fiduciary Rule

On May 22, 2017, the Department of Labor issued updated guidance for the fiduciary rule.  You will remember that the fiduciary rule imposes certain obligations on investment advisors, and deems them fiduciaries towards their customers. The rule goes into effect on June 9, 2017, with a transition period until January 1, 2018.  At that time, […]

Maryland Legislative Update – The Healthy Working Families Act

Lawmakers in Maryland have attempted to pass a paid sick leave bill for a number of years.  With the General Assembly reconvening on Wednesday, the effort is being renewed this year.  Thus far, legislators have introduced House Bill 1 and House Bill 65 — both are versions of the Healthy Working Families Act, which was […]

Supreme Court Set to Clarify Issues Surrounding Vesting of Retiree Health Benefits

On November 10, 2014, the Supreme Court heard oral arguments in M & G Polymers USA, LLC v. Tackett, a case that has the potential to reshape significantly the legal landscape of retiree health benefit provisions in collective bargaining agreements (CBA). At issue is the legal framework courts should apply when faced with CBA retiree […]

English Only Notices May Not Be Enough To Comply With ERISA

A federal court in Maryland has partially dismissed a complaint filed on behalf of nearly 40 Spanish-speaking current and former employees of Hatfield’s Equipment & Dedication Services Inc.  (“Hatfield’s”).  The plaintiffs, who worked as part of a concrete crew, alleged that Hatfield’s did not comply with the reporting and disclosure requirements for the company’s profit […]

Supreme Court Upholds ERISA Contractual Statute Of Limitations Period

When litigants brings claims for benefits allegedly due them under ERISA,  a participant usually must exhaust administrative remedies before filing suit to enforce his or her rights under the plan.  While this requirement is codified by federal statute, cf. 29 USC § 1132(a)(1)(B), the time a plan participant has to file a claim in court is […]

Treasury Department Issues Proposed ACA Reporting Rules

On September 5, 2013, the Treasury Department, in conjunction with the Internal Revenue Service, issued proposed rules concerning the reporting requirements for insurers and select employers mandated by the Affordable Care Act (ACA).  Interested parties and the public can submit comments on the proposed regulations through early November.  Once the rules have been finalized, voluntary […]

Fourth Circuit Upholds The Affordable Care Act Employer Mandate

On July 11, 2013, the Fourth Circuit dismissed a constitutional challenge to the employer mandate established by the Affordable Care Act (“ACA”)), holding that it was a valid exercise of Congress’s power under the Commerce Cause.  Liberty University Inc. v. Lew, No. 10-2347 (4th Cir. July 11, 2013).  The ACA’s employer mandate requires employers with […]