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Results: 1-10 of 170

Does ERISA preempt breach of contract claims on employment agreements? Yes and no.
  • Fox Rothschild LLP
  • USA
  • May 22 2012

Employment agreements and offer letters that make reference to employee benefits can create a whole host of potential problems


Health care reform Step 1: defining a "qualified health plan"
  • Fox Rothschild LLP
  • USA
  • April 5 2010

Because of the relative complexity of the Health Care Reform Act, I am breaking my analysis down into a series of discrete issues that I think will be relevant to employers


Plan documentation: do I give it or not?
  • Fox Rothschild LLP
  • USA
  • February 19 2013

I frequently am asked by plan sponsors and plan administrators about how to respond to a request for "plan documentation." Under Section 104(b)(4) of


Beware of "springing" fiducary status: do you control plan assets?
  • Fox Rothschild LLP
  • USA
  • October 16 2012

When I was in law school, I vaguely remember learning about "springing" interests


Get tested! Non-discrimination and self-funded health plans
  • Fox Rothschild LLP
  • USA
  • September 11 2012

Health care reform has really opened up the flood gates of discussion about discrimination testing


Withdrawal liability must be actuary's "best estimate"
  • Fox Rothschild LLP
  • USA
  • September 18 2012

When dealing with withdrawal liability, employers frequently question how it is calculated and the answer is usually "by an actuary."


Overdoses are accidents: plan language controls
  • Fox Rothschild LLP
  • USA
  • September 20 2012

Often times the silliest of facts patterns illustrate the important principles of plan administration


Heath care and W-2s: not all employers report and not all contributions are reported
  • Fox Rothschild LLP
  • USA
  • August 17 2012

In conjunction with the passage of PPACA, certain employers are now required to report the "aggregate cost of applicable employer sponsored coverage" under Section 6051(a)(14) on W-2s


Wellness plans and the ADA safe harbor: Seff v. Broward revisited
  • Fox Rothschild LLP
  • USA
  • August 22 2012

Many plan sponsors are unaware of the "safe harbor" provisions of the Americans with Disabilities Act as it relates to health insurance


Interest rates assumptions and withdrawal liability: consistency is key
  • Fox Rothschild LLP
  • USA
  • August 29 2012

For employers that withdraw from a multiemployer pension plan, it is now very common that they encounter withdrawal liability