Insights

On August 4, 2023, the Ninth Circuit Court of Appeals affirmed in part and reversed in part the US District Court for the Central District of California’s granting of summary judgment to the defendants in an ERISA class action brought by former AT&T employees who contributed to AT&T’s retirement plan (the plaintiffs), a defined contribution plan. Defendants in the case are the plan’s administrator, AT&T Services, Inc., and the committee responsible for some of the plan’s investment-

On August 11, 2023, the DOL published a request for information (RFI) soliciting public comments on certain SECURE 2.0 provisions that impact ERISA’s reporting and disclosure framework. The public feedback will inform future DOL rulemaking or other guidance. Numerous sections of SECURE 2.0 establish new, or revise existing, ERISA reporting and disclosure obligations. In some cases, SECURE 2.0 also requires the DOL to undertake a review of existing or new requirements and submit reports to Congr

Effective August 7, 2023, carriers and PBMs must provide coverage for the single dispensing or furnishing of contraception intended to last for a duration of 12 months (as permitted by the covered person's prescription) and dispensed or furnished at one time unless requested otherwise by a covered person. Carriers and PBMs are also: Prohibited from implementing utilization management practices that prevent compliance with the 12-month mandate. Required to allow for alternate prescribed contrac

On July 26, 2023, Mayor Muriel Bowser signed the Short-Term Disability Insurance Benefit Protection Clarification Emergency Amendment Act of 2023 (DC Act 25-204) into law. The Emergency Act extends the prohibition of short-term disability policies reducing benefits (also known as offsetting benefits) based on an insured’s receipt of DC Paid Family and Medical Leave benefits. The prohibition applies to fully insured policies regardless of where the policy is issued but does not apply to self-ins

Recently, Gov. Beshear signed several healthcare bills into law. HB 148 allows an insured to make a written assignment of substance abuse or mental health treatment benefits to a facility providing such services. Insurers may require the facility to, amongst other items, furnish information to an insured, including a statement if the facility is an out-of-network provider and that the facility may charge the insured for services not covered under the insurance contract, a schedule of applicable

Yes, employer-provided group term life insurance (GTLI) is subject to nondiscrimination rules under Section 79 of the Internal Revenue Code. Section 79 allows for the value of up to $50,000 of GTLI coverage on an employee’s life to be excluded from the employee’s gross income. However, certain nondiscrimination requirements must be satisfied in order for all employees to benefit from the $50,000 coverage tax exclusion. At a high level, the nondiscrimination rules provide that employer-provided

On July 26, the SEC released new rules requiring registered companies to “disclose material cybersecurity incidents they experience and to disclose on an annual basis material information regarding their cybersecurity risk management, strategy and governance.”  These major new rules for SEC-registered companies go into effect December 1, 2023. Review the SEC press release and fact sheet. Notable Requirements The new rules require public companies to: Disclose material cybersecurity breach

Theft of tools, equipment, vehicles and materials from the jobsite can be a very painful experience for all construction stakeholders. This pain is further exacerbated by the current supply chain issues in the overall economy and the inflationary pressure brought on by the supply chain crisis. Further, it appears that theft is on the rise in the North American economy, brought on by several factors, including growing economic hardship, rising cost of goods and lack of supply chain efficiency. T

Last month’s SHRM Annual Conference & Expo (SHRM23) took place in Las Vegas, Nevada, with more than 20,000 HR professionals, executives and students participating. With hundreds of speakers touching on the latest trends in HR, including keynotes from President Bill Clinton and famous author, journalist and philanthropist Mitch Album, the theme of SHRM23 was Drive Change — a call for HR to move the needle and exact meaningful change within their respective organizations. As with all initiati