Regulation

The approximately 65 million job seekers in the United States who have criminal records would get more thorough consideration by potential employers under new guidelines embraced by the federal government last week.

The Internal Revenue Service has issued a proposed rule addressing the fees imposed by the Affordable Care Act on issuers of certain health insurance policies and plan sponsors of certain self-insured health plans to fund comparative effectiveness research. These fees are designed to support the Patient-Centered Outcomes Research Trust Fund. The Affordable Care Act includes provisions establishing the Patient-Centered Outcomes Research Institute, a private, nonprofit corporation whose purpose is to “assist, through research, patients, clinicians,…

Despite recent tax reform proposals, experts testified at a House committee hearing Tuesday that cutting the incentives for retirement plans would be detrimental to savings in this country.

The Age Discrimination in Employment Act of 1967 prohibits discrimination on the basis of age and covers employees who are 40 years of age and older, which provides a statutory exception for "reasonable factors other than age." Since the Supreme Court held in Smith v. City of Jackson that employees could bring a disparate impact case under the ADEA, employers have sought guidance from the EEOC on how it would interpret the cryptic phrase "reasonable…

ERISA defines a multiple employer welfare arrangement as an employee welfare plan or any other arrangement which is established or maintained for the purpose of providing welfare benefits to the employees of two or more "unrelated" entities. Thus, if a welfare plan is maintained by an employer for the exclusive purpose of providing benefits to that employer's employees, former employees (e.g., retirees) or beneficiaries (e.g., spouses, former spouses, dependents) of such employees, the plan will be considered a "single employer" plan and not a MEWA.

On Monday, the Supreme Court began hearing oral arguments addressing the Patient Protection and Affordable Care Act. Day one of the oral arguments focused on the application of the “Anti-Injunction Act,” which could prohibit the Supreme Court from ruling on the constitutionality of PPACA (if it is considered a tax law) because the penalties would not become applicable until 2015. Although both parties agree that the Supreme Court’s review should not be barred by the…

Companies that serve 401(k) plans are asking the Labor Department to reconsider its stance on mailed notification, so that they can save costs by using email instead of regular mail to send information to plan participants. However, the industry also is trying to balance that need with the needs of older workers, who tend to not be as computer-savvy.

Facebook and lawmakers have warned employers against requesting Facebook passwords while screening job applicants, a controversial practice that underscores the blurring distinction between personal and professional lives in the era of social media.

Skinner is a welcome decision for plan fiduciaries. It is, however, only the first appellate opinion on the subject post-Amara. Additionally, the facts of the case were not particularly compelling for the plaintiffs, since they received accurate information before making their retirement decisions and thus never relied on the faulty SPD. Undoubtedly other courts will tackle the issue of ERISA remedies in the coming months. In the meantime, however, employer/plan administrators should continue to subject their plan documents and benefits communications to a careful review to ensure their accuracy and clarity. Skinner teaches that, in the context of benefit communications, an ounce of prevention is truly worth a pound of cure.

The Department of Labor is not going to let push-back from the financial services industry delay its fiduciary rule for advisers who handle retirement plans — but that does not mean the regulation will be out anytime soon.