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How Sponsors Can Change Retirement Plans in Wake of DOMA Decision

By Austen K. Townsend The Supreme Court’s decision on Section 3 of the Defense of Marriage Act in U.S. v. Windsor No. 12-307 (June 26, 2013) raises many issues for employers and other plan sponsors to consider about their qualified retirement plans. Section 3 of DOMA provided that the term “marriage” meant only a legal […]

Recruiting talent or trouble? What recruiters need to know

Finding just the right person for a job is the constant challenge for recruiters. Even when they have the benefit of up-to-date training, high-tech tools, and good common sense, they often face an uphill struggle. They’re either inundated with applications—many from unqualified candidates—or they’re left with such a small number of suitable applications that they […]

IRS Eases Rules for 401(k) Hardship Withdrawals, Loans Tied to Hurricane Sandy

Plan sponsors in areas Hurricane Sandy affected may want to prepare for an increase in loan or hardship withdrawal requests after the IRS on Nov. 16 said it temporarily will relax its rules that apply to such emergency funding for retirement plan participants.  The IRS announced the relief in Announcement 2012-44. Hurricane Sandy should be […]

DOL Rescinds ERISA Guidance Discouraging Sustainable Investments

The U.S. Department of Labor on Oct. 21 reversed 2008 guidance that discouraged retirement plan fiduciaries and their investment advisers from considering environmental, social and governance (ESG) factors when choosing companies for their portfolios. The reversal, made through a new interpretive bulletin that reinstates 1994 guidance, recognizes a growing consensus that fiduciary duty may in […]

Handbooks Help Is Here!

Yesterday, we discussed two of the big employee handbooks mistakes employers tend to make, according to attorney Elaina Smiley. Today, a look at the final mistake she sees too often, and an introduction to a valuable handbook drafting tool — specifically for California employers.

New York Employer Learns Costly Lesson About Paying the Correct Prevailing Wage Rate

By Zachary D. Morahan, Coughlin & Gerhart, LLP “Prevailing wages” are the premium wage rates paid to employees who perform labor on a “public” project, often a construction or highway project. Employers in the construction trade know all too well that the failure to pay the correct prevailing wage can have dire consequences, regardless of […]

Unwanted Scrutiny: Feds Investigate Self-funded Health Plans and Stop-loss

The federal government seems to be fishing around for evidence showing that self-insured health health plans will siphon off healthy lives from state-run insurance exchanges (a cornerstone of reform). On April 26, the U.S. Departments of Labor (DOL), Health and Human Services (HHS) and IRS/Treasury issued a set of questions about the use of stop-loss […]