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T Bank N.A.
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Loren D. Stark Company (LDSCO)
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780 Matching News Items

1.  Bloomberg Agrees to Buy Bureau of National Affairs for About $990 Million
Bloomberg; subscription may be required Link to more items from this source
Aug. 25, 2011
BNA, which publishes the Daily Labor Report and U.S. Law Week, will 'significantly grow Bloomberg's presence in Washington' and its research will contribute to coverage and analysis of employment, health care, labor, accounting, intellectual property and telecommunications, Bloomberg said.
2.  Telecommuting Creates 'Nexus' in Many States, Subjecting Products and Services to Sales Tax
Bloomberg BNA Link to more items from this source
Apr. 25, 2012
"Telecommuting and maintaining in-home offices are among the activities that can create state tax liabilities, a Bloomberg BNA survey found. Potential Impact: Employers may be exposed to unexpected taxes when allowing employees to telecommute from other states. Few states have adopted nexus policies aimed at fostering alternative-work arrangements, according to a survey of state revenue agencies by Bloomberg BNA[.]"
3.  These Top Law Firms Got the Most ERISA Class Action Biz
Bloomberg BNA Link to more items from this source
Oct. 23, 2016
"The law firm Morgan Lewis & Bockius tops the list of law firms getting the most business from large employers hit with ERISA class actions in the past year. Since November 2015, Morgan Lewis has been hired to represent employers in 19 [ERISA] class actions, according to Bloomberg BNA's research.... O'Melveny & Myers LLP closely follows."
4.  Employer Groups See Mixed Bag in EEOC Wellness Plan Ruling
Bloomberg BNA Link to more items from this source
Sept. 23, 2016
"Orion won on the voluntary standard issue, but there should be a concern about the court's application of the safe harbor provision in the Americans with Disabilities Act ... Employers have taken a position that the safe harbor applies and the court essentially ruled that out in this case, she said. The deference the court is giving to the safe harbor provision isn't what employers were hoping for[.] ... Some employer groups see this as a win for their side. The Orion decision is a 'very strong rebuttal' to the EEOC's final regulation that the limited incentives that employers can provide to participants in wellness plans can't go over 30 percent, Mark Wilson, chief economist at the HR Policy Association in Washington, told Bloomberg BNA[.]"
5.  The HHS Final Rule to Implement Health Insurance Exchange Markets
Bloomberg BNA Link to more items from this source
Mar. 19, 2012
"Although the final rule has a more immediate impact on individuals and small businesses, it also has implications for large employers, human resources and public policy experts told Bloomberg BNA. 'This matters to large employers in a less explicit manner, but it is important because states will have the option of opening their exchanges in 2017 to large employers,' ..."
6.  Recent DOL Initiatives: Questions Answered
Bloomberg BNA Link to more items from this source
Mar. 1, 2012
Questions from a webinar titled 'Managing and Protecting Your Employee Benefit Plans: New [DOL] Initiatives', answered by Sherwin Kaplan, former co-chair of the Bloomberg BNA Pension & Benefits Publications Advisory Board.
7.  Spokesman Says DOL Won't Enforce the Fiduciary Rule
Bloomberg BNA Link to more items from this source
Mar. 18, 2018
"The Labor Department won't be enforcing the fiduciary rule -- at least for now -- after a federal appeals court in Louisiana vacated the rule, a department spokesman told Bloomberg Law March 16.... It's helpful to the industry that the DOL is acknowledging that it covers the whole rule and has a nationwide impact, Kevin Walsh, an attorney with Groom Law Group [said] ... It would also be helpful for the DOL to make clear that the rule is off the books and other parties can't enforce it, Walsh added."
8.  Supreme Court Ruling Leaves Open Questions on Restructuring Health Plans and Workforces
Bloomberg BNA Link to more items from this source
July 24, 2012
"Employers will have difficult decisions to make following the Supreme Court's June 28 ruling to uphold most of the 2010 federal health care system overhaul, especially about whether employers can avoid costly pay-or-play penalties under regulations still being drafted, employee benefit attorneys told BNA. The lack of final regulations on major provisions of the Patient Protection and Affordable Care Act, including ones implementing employer penalties under tax code Section 4980H, means that many employers do not yet see clearly how they might restructure their employee benefits or, in some industries, restructure their workforces in response to the new regulations."
9.  Your Plan Costs More Than Mine: The Price Tag for Paid Leave
Bloomberg BNA Link to more items from this source
Apr. 19, 2019
"The main factor that changes the cost calculation is the number of people likely to use the leave, and that largely depends on whether the program guarantees a worker will be able to return to the job after taking leave and what kinds of leave are covered.... [P]ersonal medical leave is the most expensive to cover, parental leave falls in the middle, and family care leave is the least costly.... Based on private sector use of leave afforded under the [FMLA, one study] estimated that if 13 million workers took paid leave for a medical issue for an average of 4.7 weeks at $452 per week, it would cost $27.5 million in benefits."
10.  Supreme Court May Hear Case on ERISA Participants' Standing to Sue
Bloomberg BNA Link to more items from this source
Mar. 27, 2019
"Because in most instances defined benefit plan participants are not at risk of losing their benefits when the plan loses money -- though the investment losses may make future benefit enhancements less likely -- a requirement of individual harm, whether for statutory or constitutional standing purposes, could effectively preclude participants of these plans from pursuing recovery of plan losses. Second, if the Supreme Court were to rule that individual harm is required as a condition for having statutory standing under Section 502(a)(2) or (3), the ruling could increase the likelihood for mounting an effective argument in defined contribution litigation that plaintiffs lack standing to sue to recover for investment losses in funds in which they did not invest[.]" [Thole v. U.S. Bank N.A., No. 16-1928 (8th Cir. Oct. 12, 2017; cert. pet. filed June 22, 2018)]
11.  Andrus Wagstaff Fights Class Bid in Nationwide 401(k) Fee Suit
Bloomberg BNA Link to more items from this source
Feb. 28, 2019
"The lawsuit claims Nationwide's practice of charging a flat, 1 percent fee for administrative services allowed the company to collect fees that were nearly 10 times the median fee throughout the industry. Nationwide at one point received $625 per investor, per year, for servicing a 401(k) plan covering fewer than 30 people, when a reasonable fee would have been closer to $64, according to the complaint."
12.  Hartford Gets Pro-Insurer Ruling on Late-Filed Benefit Appeals
Bloomberg BNA Link to more items from this source
Feb. 21, 2019
"New Hampshire's 'notice-prejudice' rule -- which makes it harder for insurers to deny late-filed claims -- doesn't apply to benefit claims under [ERISA], the U.S. Court of Appeals for the First Circuit held Feb. 20. The court followed decisions of the Seventh and Ninth circuits, adding that 'no federal court has applied any state's common law notice-prejudice rule' to a late-filed appeal made to an ERISA plan." [Fortier v. Hartford Life & Accident Ins. Co., No. 18-1752 (1st Cir. Feb. 20, 2019)]
13.  Charles Schwab 401(k) Lawsuit Trimmed but Moves Forward
Bloomberg BNA Link to more items from this source
Feb. 12, 2019
"Former Schwab employee Michael Dorman can move forward with a challenge to how the company replaced an affiliated stable value fund in its 401(k) plan with other funds. But Dorman's other allegations, which challenged the fees and performance of the plan's Schwab-affiliated funds and certain loan transactions, were dismissed[.]" [Dorman v. The Charles Schwab Corp., No. 17-285 (N.D. Cal. Feb. 8, 2019)]
14.  Georgetown Win in 403(b) Investment Suit May Help Other Schools
Groom Law Group, via Bloomberg BNA Link to more items from this source
Feb. 8, 2019
"The court acknowledged that because the backgrounds and structures of 403(b) and 401(k) plans are different, the application of ERISA's fiduciary standards should also be different.... This was a departure from the view of other courts addressing the university lawsuits thus far, most of which have not delved deeply into differences between the two types of plans. As the cases move to the appellate courts, the universities may rely on this minority view to argue that the differences matter."
15.  Rewarding and Retaining Nonprofit Executives Through Incentive Plans: Practical and Legal Considerations
Bloomberg BNA Link to more items from this source
Dec. 28, 2018
"[This article highlights] current trends as well as practical and legal considerations regarding the use of incentive plans ... [discusses] the prevalence and function of incentive plans, considerations for establishing and managing plans, applicable legal standards to keep in mind when establishing such plans, and key considerations regarding 457(f) plans (common vehicles for longer-term incentive awards).... [and addresses] two related topics that nonprofits often ask about: whether it is appropriate to incorporate financial metrics into incentive plans, and how the recent 2017 tax act's 21 percent excise tax on nonprofit compensation may affect incentive awards."
16.  A 2018 Checklist to Avoid Section 409A Retirement Plan Errors and Penalties
Bloomberg BNA Link to more items from this source
Dec. 21, 2018
"409A NQDC plans are not covered by the [EPCRS] for qualified plans. However, the [IRS] has provided limited formal correction procedures. Quick identification and correction of 409A NQDC errors under these procedures can eliminate or reduce the expense and corrective burdens. A high level list to check plans before year-end 2018 follows."
17.  Men Just Dipping Toes in Expanding Sea of Paid Parental Leave
Bloomberg BNA Link to more items from this source
Dec. 21, 2018
"66 percent of women take all available paid maternity leave, while only 36 percent of men use all of their paternity leave. Moreover, 40 percent of male employees used less than half of the paid parental or family leave they had available, compared with 13 percent of female employees[.]"
18.  Law Firms Pad Parental Leave to Attract Diverse Attorney Pool
Bloomberg BNA Link to more items from this source
Dec. 6, 2018
"Paid parental leave has become the shiny new thing for employers in 2018 -- big name brands like Walmart, Starbucks, and Microsoft have all made headlines with updated policies. In the legal field, a handful of firms also have updated their policies to offer more leave, make the time off gender neutral, or add new types of benefits for parents."
19.  Former HHS Official Says Health Data Must be Portable, But Don't Forget the Consumer
Bloomberg BNA Link to more items from this source
Dec. 4, 2018
"HIPAA does not address the handling of PHI by other entities, typically referred to as 'non-covered entities,' including many new consumer health technology companies (and even some healthcare providers who don't accept insurance). Limited protections exist for data held by these entities under current state and federal law."
20.  Edison Wants Denial of 401(k) Expert Fees to Stand
Bloomberg BNA Link to more items from this source
Dec. 2, 2018
"Edison International is urging a federal appeals court to uphold a ruling denying a request to recover nearly $1 million for expert witnesses used during an 11-year litigation.... The case had two trials and multiple trips to appeals courts. Recently, a class of 20,000 Edison workers won $13.2 million in damages and the company agreed to pay $5.8 million in attorneys' fees." [Tibble v. Edison Int'l, No. 18-55974 (9th Cir. appellees' brief filed Nov. 29, 2018)]
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