Subscribe (Free) to
Daily or Weekly Newsletters
Post a Job

Featured Jobs

DC Plan Administrator

Farmer & Betts, Inc.
(Remote / CO / OR / WA)

Farmer & Betts, Inc. logo

Investment Advisor

SWBC Retirement Plan Services
(Austin TX)

SWBC Retirement Plan Services logo

DC Plan Administrator

The Best TPA Firm in the US
(Remote / Oklahoma City OK)

The Best TPA Firm in the US logo

Retirement Plan Consultant (RPC)

Qualified Plan Consultants, LLC (QPC)
(Remote)

Qualified Plan Consultants, LLC (QPC) logo

DC Plan Administrator

United Benefit Pensions Inc.
(Melville NY)

United Benefit Pensions Inc. logo

Client Relationship Manager

Stones River Consulting
(Remote / TN)

Stones River Consulting logo

Retirement Plan Administrator

Southern Pension Services
(Remote / Tampa FL)

Southern Pension Services logo

Plan Administrator / Assistant

National Employers Retirement Trust
(Remote / Bethesda MD / DC / PA / VA / WV)

Sr Recordkeeping Specialist

BlueStar Retirement Services, Inc
(Remote)

BlueStar Retirement Services, Inc logo

Senior Plan Consultant

Bidwell Consulting Services, Inc.
(Remote / Chico CA)

Bidwell Consulting Services, Inc. logo

Retirement Plan Administrator

Premier Plan Consultants
(Remote / San Diego CA)

Premier Plan Consultants logo

Compliance Manager

Newfront, formally ABD Insurance and Financial Services
(Remote / San Mateo CA)

Newfront, formally ABD Insurance and Financial Services logo

401(k) Plan Administrator Trainee/Assistant

Southern Pension Services
(Tampa FL)

Southern Pension Services logo

Consultant / Retirement Plan Administration

Spectrum Pension Consultants, Inc.
(Remote / Tacoma WA)

Spectrum Pension Consultants, Inc. logo

"You Break It, We Fix It" Administrator

Nova 401(k) Associates
(Remote / Houston TX / Dallas TX / Scottsdale AZ)

Nova 401(k) Associates logo

Associate Consultant / Retirement Plan Administration

Spectrum Pension Consultants, Inc.
(Tacoma WA)

Spectrum Pension Consultants, Inc. logo

View More Employee Benefits Jobs

Free Newsletters

“BenefitsLink continues to be the most valuable resource we have at the firm.”

-- An attorney subscriber

Mobile App image LinkedIn icon
Twitter icon
Facebook icon
Webcasts  >  Upcoming   |   Recorded
Conferences  >  Upcoming   |   Grouped by Location
All  >  Upcoming   |   Grouped by Sponsor

View More Strafford Webcasts and Conferences

ERISA Class Action Waiver and Arbitration Provisions: Recent Court Rulings, Plan Amendments, Employment Agreements

Strafford

Apr. 29, 2021
Recorded Online
Webcast

This CLE webinar will provide ERISA and employment counsel, as well as plan sponsors, an in-depth analysis of key issues and drafting considerations for the inclusion of ERISA arbitration and class action waiver provisions. The panel will discuss legal theories and results from recent court rulings, key considerations for plan amendments and employment agreements, and best practices for ERISA and employment counsel and plan sponsors.

There has been a growing trend to bind participants in ERISA plans to arbitration agreements and waivers of class action claims, either by plan amendment or by employment agreement (or both). This trend has accelerated since the Supreme Court's 2018 ruling in Epic Systems Corp. v. Lewis, which upheld individualized arbitration as consistent with the National Labor Relations Act. While lower courts have generally applied Epic to ERISA claims, the complexities of ERISA have led to some instances in which courts have declined to enforce these provisions.

The Second Circuit’s split 2-1 decision in March 2021 in Cooper v. Ruane Cunniff heightens the need for ERISA and employment counsel, as well as plan sponsors, to understand the opportunities and ramifications of including ERISA-specific provisions. That decision declined to apply a generally applicable employment arbitration agreement to an ERISA breach of fiduciary duty claim, and raised questions about the enforceability of ERISA class action waiver provisions. This is in addition to a split that has emerged regarding enforcement of arbitration agreements and class action waivers found in plan documents: the Ninth Circuit in Dorman v. Charles Schwab compelled arbitration, but two recent district courts in the Seventh Circuit declined to compel arbitration, with the Seventh Circuit soon to weigh in on the issue.

More ERISA class actions were filed in 2020 than in any year in the 45-year history of the statute and 2021 is already on pace to be one of the busiest years ever. Many of the defendants in these cases have never before faced an ERISA class action lawsuit. With a higher volume of lawsuits and a new set of decisions highlighting potential pitfalls in enforcing these provisions, this is an ideal time for plan sponsors and their counsel to re-evaluate their arbitration and class action waiver provisions.

Listen as our panel discusses legal theories and results from recent court rulings, key considerations for plan amendments and employment agreements, and best practices for ERISA and employment counsel and plan sponsors.

Outline:

  • Overview of Supreme Court decisions on arbitration and class action waiver provisions
  • ERISA-specific issues raised by recent lower court decisions
  • Strategies and considerations for counsel and plan sponsors in drafting enforceable arbitration and class action waiver provisions

The panel will review these and other key issues:

  • What explains the divergent results in recent lower court decisions regarding the enforceability of arbitration and class waiver provisions?
  • How can plan sponsors ensure their provisions are enforceable?
  • How to communicate any changes to employees.
  • Best practices in deciding whether to include and how to draft arbitration and class action waiver provisions for ERISA claims.

More Information, How to Register

© 2021 BenefitsLink.com, Inc.