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Seyfarth Shaw's Annual Workplace Class Action Litigation Report (PDF)

17 pages. Excerpt: The 664-page Report, the seventh annual edition, is the most comprehensive analysis of workplace-related class actions in the U.S. It examines 848 decisions rendered in 2010 against employers in state and federal courts, including private plaintiff and government enforcement actions.

Increase Predicted for 2010 Workplace Litigation by Report from Seyfarth Shaw

Post-Amara: Are Contribution or Indemnification Among Co-Fiduciaries Available Under ERISA?

[Editor's note: BenefitsLink included this article in yesterday's newsletter but our headline was incorrect, as was a summary we wrote. The article explained that a federal district court in the Eleventh Circuit has ruled that a right of contribution or indemnification exists among co-fiduciaries, but our headline and summary said the opposite. We apologize to readers and to the Seyfarth Shaw firm for this error.] Excerpt: "The court ... discussed whether such relief was available under the trust law principles that were the foundation of ERISA. The court held that the Eleventh Circuit has accepted those trust law underpinnings and thus would follow the approach laid out by the Second Circuit in Chemung Canal Trust Co. v. Sovran Bank/Maryland [in which] the Second Circuit held that an action for contribution and indemnity represented a 'fundamental principle of equity jurisprudence' and provided a means for 'equitably distributing responsibility for plaintiff's losses proportionally among those responsible for the losses'; accordingly, such an action was included in the federal common law of ERISA." [Guididas v. Community National Bank Corp., No. 8:11-cv-2545-T-30TBM (M.D. Fla., 11/5/2012)]

Recent Developments Related to the Emergency Economic Stabilization Act of 2008 (PDF)

13 pages. Excerpt: On October 6, 2008, Seyfarth Shaw LLP provided a Management Alert to clients and friends of the firm detailing generally the provisions of the Act (the 'Original Alert'). Since such time, there have been a number of developments that have reshaped or clarified the way in which certain provisions of the Act will be implemented. For your convenience, set forth below is a summary of these recent developments and this Alert acts as a supplement to the Original Alert.

Shutdown's Over: IRS Wastes No Time Reminding You You're Still Not Saving Enough, Because Priorities

"The IRS is back to work and just announced the 2026 annual limits that will apply to tax-qualified retirement plans ... [including] a surprise increase in the inaugural FICA wage limit for purposes of the mandatory Roth catch-up requirement. Employers maintaining tax-qualified retirement plans will need to make sure their plans' administrative procedures are adjusted accordingly."

2026 Massachusetts Paid Family and Medical Leave Updates

"Effective January 1, 2026, the Massachusetts Department of Family and Medical Leave (DFML) announced an increase to the maximum weekly Massachusetts Paid Family Medical Leave (PFML) benefit.... In addition, the DFML has issued a memo regarding IRS Revenue Ruling 2025-4 which addresses the tax treatment of state paid family and medical leave benefits."

New York City Expands Paid Safe & Sick Time Benefits

"The impending amendments make a variety of substantive changes to ESSTA, including: [1] expanding reasons for use; [2] adding unpaid leave entitlement; [3] formally codifying Paid Prenatal Leave ... and [4] modifications of collective bargaining provisions. In addition, the amendments will bring changes to the separate New York City Temporary Schedule Change Law."

Time to Catch-Up (Again!): IRS Finalizes Catch-Up Regulations

"These Final Regulations provide comprehensive guidance for retirement plan sponsors and administrators, clarifying operational requirements and correction methods for contributions subject to the Roth Catch-Up Requirement, as well as the enhanced super catch-up contribution limits. [This article provides] answers to some of those lingering questions and significant changes in the Final Regulations[.]"

Nebraska Paid Sick Time Law Now in Effect

"As of ... October 1, 2025, Nebraska employers must allow employees to earn and use up to 40 or 56 hours of paid sick time per benefit year, depending on employer size.... [O]ver the last four months Nebraska ... [has seen] amendments to the statute, multiple rounds of FAQs ... a separate 'guidance document' ... model posters and notices, and a revamped website."

Final Catch-Up Rules: What Now? (Spoiler Alert: There Is No Extension)

"The much-welcomed final regulations answer a number of open questions ... [1] Designated Roth contributions counted for purposes of Roth catch-up requirement ... [2] Determination of FICA wages -- aggregation of related employers ... [3] Super catch-ups ... [4] Applicability date of rules."