The parties in Hill v. Mercy Health Corp. (N.D. Ill.) reached a settlement agreement in a case where the plaintiffs accused the defendants of mishandling their retirement savings. Parties in the class action lawsuit reported that the parties have reached a $3.9 million settlement in the suit brought under the Employee Retirement Income Security Act (ERISA). The plaintiffs filed a motion for preliminary approval of Read More
Second Interim Final Rule Published Regarding IDR Process Under the No Surprise Act
In late September 2021, the Departments of Health and Human Services (“HHS”), Labor and Treasury, and the Office of Personnel Management (collectively, the “Departments”) published the second interim final rule implementing certain provisions of the No Surprises Act (“Part II of the IFR”). Part II of the IFR addresses critical components of the No Surprises Act (the “Act”) that were not addressed in the Read More
States Argue Employer Vaccine Mandate Disregards Constitutional RIghts
The three states in the Eleventh Circuit, Georgia, Florida, and Alabama, as well as several private employers, petitioned the Eleventh Circuit in State of Florida et al. v. Occupational Safety and Health Administration, (Case No. 21-13866), to review the federal government's employer vaccine mandate. The petition alleges that the policy demonstrates a disregard for constitutional rights by the Biden Administration. Read More
No Clear Winners in Lawsuit over Employee Stock Ownership Plan
In GunBroker.com, LLC v. Tenor Capital Partners, LLC, (N.D. Ga.), an online firearms marketplace sued a financial advisory firm claiming that it provided an inaccurate enterprise valuation. The plaintiff was in the process of creating an employee stock ownership plan (ESOP) and sought the valuation from the defendant. The complaint included allegations of breach of contract, breach of fiduciary duty, fraud, and Read More
How Budget Bill Could Affect Employer Health, Benefit Plans
By Anne Hall and Tim Kennedy (December 15, 2021) The Build Back Better Act, or BBBA, supported by President Joe Biden, includes a broad range of social, climate change and revenue provisions. The $1.75 trillion spending bill,[1] which passed the U.S. House of Representatives on Nov. 19, also includes myriad provisions that will affect employer-sponsored health plans and health and welfare benefits in Read More
White House Announces Unprecedented National Gender Strategy
Just before the end of October, the Biden administration announced an unprecedented national gender strategy to advance the full participation of women and girls, both, here in the United States and abroad. “President Biden and Vice President Harris believe that advancing gender equity and equality is fundamental to every individual’s economic security, safety, health and ability to exercise their most basic Read More
HBL Makes Splash with Orange County, California Hire
ATLANTA, Dec. 14, 2021 /PRNewswire/ -- Now serving plan sponsors and service provider clients in 35 states, boutique ERISA law firm Hall Benefits Law welcomes Phil Koehler, Lead ERISA Counsel, to its legal team. Koehler brings a J.D. from the University of Southern California, an M.B.A., and thirty years of tax and employee benefit plans legal experience to the HBL team. The addition of Koehler gives HBL the Read More
U.S. Chamber of Commerce Warns SCOTUS Of ‘Tidal Wave’ Of ERISA Suits
In April Hughes v. Northwestern University, a class-action lawsuit initiated by Northwestern University retirement plan participants, plaintiffs alleged the school mismanaged their retirement savings. The Seventh Circuit dismissed the case. In October 2021, the U.S. Chamber of Commerce urged the Supreme Court not to revive a lawsuit from Northwestern University workers, arguing that voiding the school's win would add Read More
IRS Updates the FAQ Guidance Process and Clarifies Taxpayer Reliance
The IRS updated its process for issuing guidance in the form of frequently asked questions (FAQs) on newly enacted tax legislation. To this end, the IRS posted a general overview document clarifying the ability of taxpayers to rely on FAQ guidance. The updated process dictates that “significant” FAQs on newly enacted tax legislation, as well as any later updates or revisions, will be announced in a news release Read More
New EEOC Guidance Tackles Faith-Based Vax Exemptions
The question of how employers handle applications for religious exemptions to vaccine requirements has become more prevalent throughout the country. In new guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC), federal anti-discrimination law permits employers to scrutinize exemption requests rooted in political or personal objections. The guidance states this while reiterating that businesses Read More
