New guidance on retirement plan fee disclosures *

USA - May 25 2012
On May 7, 2012, the Department of Labor (“DOL”) released a set of 38 questions and answers (“Q&As”) regarding the participant-level fee disclosures required for individual account retirement plans such as 401(k) and 403(b) plans that seek fiduciary protection under ERISA Section 404(c).

Co-authors: Sarah L. Fowles.

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New independent contractor misclassification settlement program *

USA - September 29 2011
Over the last few years, the issue of employers misclassifying employees as independent contractors has been a top enforcement priority for both the U.S. Department of Labor and the Internal Revenue Service.

Co-authors: Patricia A. Hintz, Sarah L. Fowles, Michael Aldana.

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Supreme Court closes one door...but may have opened another *

USA - May 30 2011
The Supreme Court recently ruled in CIGNA Corp. v. Amara that misleading summaries and descriptions cannot be used to reform the terms of an ERISA benefit plan, and provide a basis for recovery under ERISA Section 502(a)(1)(B).

Co-authors: Robert D. Rothacker, David P. Olson, Angela Marie Hubbell.

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Employers suffer setback in 401(k) plan fee litigation *

USA - May 30 2011
On April 11, 2011, the Seventh Circuit Court of Appeals in Chicago issued a ruling that was a setback for employers fighting lawsuits claiming excessive 401(k) plan fees and other 401(k) plan mismanagement.

Co-authors: Robert D. Rothacker, David P. Olson, Angela Marie Hubbell.

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Seventh Circuit clarifies the sale of assets exemption to withdrawal liability *

USA - May 30 2011
A recent Seventh Circuit decision clarified the standard for when an employer can rely on ERISA §4204’s exemption to withdrawal liability.

Co-authors: Robert D. Rothacker, David P. Olson, Angela Marie Hubbell.

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