By Stephen Wilkes and Michael Schloss According to CMS, annual health care spending in the United States reached about $4.5 trillion in 2022, 9% of which (about $405 billion) was spent on...
ERISA & Employee Benefits
DOL Issues Warnings About the Use of AI in FMLA Administration
The Department of Labor (“DOL”) has issued Field Assistance Bulletin (“FAB”) 2024-1 which contains guidance and warnings on the use of artificial intelligence (“AI”) when administrating various...
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans?
Are Insolvency Laws Contributing to the Death of Single Employer DB Plans? - Israel Goldowitz, Panelist, 19th Biennial IPEBLA Conference, Milan, Italy, May 26 - 29, 2024 - Click here for details
DOL Releases Final Rule Revising FLSA Overtime Regulations
By Virginia Peabody (Senior Consultant) and Cassandra White (Paralegal) On April 23, 2024, the Biden administration announced a final rule that impacts overtime protections by increasing...
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing
(Another) Fiduciary Breach Asserted in TPA Healthcare Claims Processing - Thomas Clark, Jr., National Association of Plan Advisors, May 20, 2024 (PDF)
Important Takeaways For Employers Following The EEOC’s Final Rule Implementing the Pregnant Workers Fairness Act (PWFA)
By Katherine Brustowicz, David Gabor, and Johanna Matloff Introduction This is a follow-up to our May 9, 2023, alert regarding the Pregnant Workers Fairness Act (PWFA) which went into effect on June...
DOL Revokes Association Health Plan Regulations
The Department of Labor (“DOL”) has revoked its Association Health Plan (“AHP”) regulations and expects to replace them with stricter standards that provide additional employee protections....
Department of Labor’s New Investment Advice Fiduciary Rule and Related Exemption Amendments
By Michael Schloss and Stephen Wilkes On April 25, 2024, the Department of Labor’s (DOL) new fiduciary investment advice rule, restyled as the “Retirement Security Rule”, was published in the...
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know
FTC Ban On Noncompetes: 7 Things Employees & Executives Must Know - Quoting WLG Law Alert by Katherine Brustowicz, David Gabor, Johanna Matloff, Mark Poerio, Andrew Oringer, and Virginia...
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning
Human Expertise Meets Machine Intelligence: The Winning Formula for Modern Financial Planning - Marcia Wagner, The Street, May 8, 2024 (PDF)
Group Health Plans Must Take Action to Comply with Changes to HIPAA Privacy Rules Designed to Protect Reproductive Healthcare Privacy
By Dannae Delano In further response[i] to the Supreme Court ruling in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade, the U.S. Department of Health and Human Services...
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version
401(k) Rule Suit Echoes Past Legal Attack on Obama-Era Version - Marcia Wagner, Bloomberg Law, May 7, 2024 (PDF)
Attention Investment Managers: QPAM Matters for Immediate Review
By Seth Gaudreau and Stephen WIlkes The Department of Labor (the “Department”) issued its final amendment (the “Amendment”) to Prohibited Transaction Class Exemption 84-14 (the “QPAM Exemption”) on...
Ban on Non-Competition Agreements – What Employers Need to Know and Do Now
Introduction: On April 23, 2024 the U.S. Federal Trade Commission (FTC) approved a proposed final rule which bans new non-competition clauses in employment contracts for most workers across the...
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting
Taking the Human out of Human Resources? Artificial Intelligence and its Impact on the Employment Setting - Johanna Matloff, The Wagner Law Group Free Webinar, May 14, 2024, 1:00 - 1:30 PM (EDT) -...
Insurer May Rely on In-House Advisors’ Disability Determination
In Harmon v Unum Life, the U.S. Court of Appeals for the Sixth Circuit has ruled that an insurer may rely on its own medical advisors in denying long term disability (“LTD”) benefits, as long as the...
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs
401(k) Advice Rule Puts New Fiduciaries in Litigation Crosshairs - Michael Schloss, Bloomberg Law, May 1, 2024 (PDF)
Work-Life Referral Services Not Taxable Benefits
The IRS has issued Fact Sheet 2024-13 (the “Fact Sheet”) to confirm that work-life referral (“WLR”) services provided by an employer are non-taxable, de minimis fringe benefits. Background. A WLR...
4 Takeaways from DOL’s Final ERISA Investment Advice Regs
4 Takeaways from DOL's Final ERISA Investment Advice Regs - Andrew Oringer, Law360, April 25, 2024 (PDF)
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice
Labor Department Issues Rule to Crack Down on Bad Retirement Savings Advice - Andrew Oringer, CNBC, April 23, 2024 (PDF)