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|An Introduction to the Division of Pension Benefits on Marriage Breakdown in Ontario - Part I|
Mariette P. H. Matos; Bennett Jones LLP;
April 24, 2016, previously published on March 29, 2016The long-awaited reform of the family law provisions of the Ontario Pension Benefits Act (PBA) came into effect on January 1, 2012, and the passage of time has brought to light the challenges involving the new pension division rules. In a Six-Part Pension Division Series, for those who are required...
|Website Compliance with the ADA - Emerging Threat of Litigation|
Douglas A. Cherry, Robert A. Koenig; Shumaker, Loop & Kendrick, LLP;
April 19, 2016, previously published on April 7, 2016Over the last few months, a number of plaintiff’s law firms have sent demand letters to companies claiming that the company’s websites aren't accessible to disabled users, and thus violates Title III of the Americans with Disabilities Act (“ADA”).
|The Grisly Death of Determination Letters for Individually Designed Plans|
Kevin L. Burch, David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
April 18, 2016, previously published on April 7, 2016The Internal Revenue Service (IRS) announced last year that it would end its staggered five-year remedial amendment cycle system for individually designed retirement plans under the determination letter program due to budgetary constraints and a lack of resources. The remedial amendment cycle...
|FAQs on the Spokane, Washington Paid Sick and Safe Leave Law|
Sarah J. Evans; Ogletree, Deakins, Nash, Smoak
& Stewart, P.C.;
April 14, 2016, previously published on March 21, 2016On January 25, 2016, the Spokane City Council overturned the Spokane mayor’s veto and passed Ordinance C-35300, which provides paid sick and safe leave to employees performing more than 240 hours of work in the city of Spokane in a calendar year. Spokane follows the cities of Seattle, Tacoma,...
|The New Fiduciary Rules: Considerations for Employers|
Joanne C. Youn; Caplin & Drysdale, Chartered;
April 13, 2016, previously published on April 12, 2016Last week, the Department of Labor ("DOL") published final regulations (the "Final Rules") addressing who is a fiduciary of an employee benefit plan or IRA by virtue of rendering investment advice to the plan, its participants, and/or the IRA owner. The potential impact of the...
|New York City Update: New Developments in Paid Sick Leave, Consideration of Criminal Background Information|
Ellen M. Bandel, Susan M. Corcoran, Richard I. Greenberg, Daniel J. Jacobs, Joseph J. Lynett; Jackson Lewis P.C.;
April 13, 2016, previously published on March 23, 2016New York City continues to refine existing obligations imposed on New York City employers and propose new ones.
|Court Says Human Resources Director Can Be Liable Under the Family and Medical Leave Act|
William H. Andrews; GrayRobinson, P.A.;
March 31, 2016, previously published on March 22, 2016The U.S. Court of Appeals for the Second Circuit ruled on March 17, 2016 that an employer’s Human Resource Director could be held individually liable for Family and Medical Leave Act violations (FMLA). The FMLA applies to employers who employ fifty (50) or more employees within a 75 mile...
|Supreme Court Rules Employee Benefit Plan Out of Luck Once Settlement Funds Are Spent on Nontraceable Items|
Chantelle M. Custodio; Pessin Katz Law, P.A.;
March 17, 2016, previously published on March 9, 2016The U.S. Supreme Court in Montanile v. Bd. of Trs. of Nat. Elevator Indus. Health Benefit Plan, U.S., No. 14-723, 1/20/2016,considered what happens when a participant in an employee benefits plan under the Employee Retirement Income Security Act of 1974 (ERISA) obtains a settlement fund from a...
|Last Chance to Use File and Suspend Strategy for Claiming Social Security Benefits|
Leah Mitchell McElmoyl; Chambliss, Bahner & Stophel, P.C.;
March 15, 2016, previously published on March 2016Time is running out to use a potentially very lucrative Social Security benefits-claiming strategy. Spouses will no longer be able to use the "file and suspend" strategy after April 29, 2016. Beware, however, that the new rules are causing confusion at some Social Security offices.
|2015 in Review: ERISA Civil Enforcement Recoveries Remain Low, Criminal Investigations Continue to Rise|
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Michael A. Hepburn, W. Mark Smith; Sutherland Asbill & Brennan LLP;
February 9, 2016, previously published on February 9, 2016The United States Department of Labor (DOL) recently published its Fiscal Year 2015 “Fact Sheet” documenting civil and criminal enforcement activities under the Employee Retirement Income Security Act of 1974 (ERISA). Although civil monetary recoveries trended upward, they remained at...