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Employee Benefits & Executive Compensation Blog Blog

Articles: 1-10 of 340

DOL Issues Final “ESG” Rule Restricting ERISA Fiduciary Consideration of Non-Pecuniary Investment Factors

USA - November 10 2020 On October 30, 2020, the U.S. Department of Labor (the “DOL”) issued a final rule on factors for selecting plan investments, which restricts…

PBGC Provides Temporary Flexibility for Variable-Rate Premium Calculations

USA - October 5 2020 In late September, the Pension Benefit Guaranty Corporation (the “PBGC”) published Press Release 20-04 and issued Technical Update 20-2 providing…

To Vote, or Not to Vote, That is the DOL’s Proxy Voting Question for ERISA Fiduciaries

USA - October 2 2020 On September 4, 2020, the Department of Labor (“DOL”) published a proposed rule (the “Proposed Rule”) that would confirm its position that ERISA’s…

ERISA Plan Participants Cannot Proceed As A Class In Challenging EpiPen Prices

USA - August 24 2020 Four ERISA plan participants, who participated in four different ERISA plans, commenced an ERISA class action against four of the nation’s largest…

Terminating a CEO for cause

USA - August 20 2020 Terminating a CEO “for cause” requires that the Board of Directors (“Board”) of the employer focus on two questions - What is the applicable standard…

American Airlines 401(k) Plan Not Required To Offer Stable Value Fund

USA - August 17 2020 Among the many claims brought by plaintiffs challenging investment offerings in defined contribution plans is the claim that plans should offer…

Side by Side Comparison: Electronic Disclosure Rules for Pension & Welfare Plans

USA - August 5 2020 The DOL recently provided retirement plans with a new method to comply electronically with certain participant disclosure and notice requirements…

10 keys to executive compensation excise tax for tax-exempt employers and their affiliates

USA - July 28 2020 Employers that are tax-exempt or have tax-exempt affiliates (for example, a foundation) should pay close attention to a 21% Excise tax under Section…

New DOL Fiduciary Rule Package: What You Really Need to Know

USA - July 13 2020 The U.S. Department of Labor’s (the “DOL”) new “fiduciary rule” package, issued on June 29, 2020, and published in the Federal Register on July 7…

Fifth Circuit: Plaintiff Not Entitled to Attorneys’ Fees For Obtaining Remand on Appeal

USA - July 9 2020 The Fifth Circuit concluded that an individual plaintiff was not entitled to attorneys’ fees, even though she persuaded the Fifth Circuit to vacate…