News & Analysis as of

Supreme Court of the United States Recordkeeping Requirements

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Goodwin

Supreme Court Grants Review in ERISA Class Action Challenging Plan Sponsor’s Recordkeeping Arrangement

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Key takeaway: The Supreme Court granted certiorari to address the pleading standards for prohibited-transaction claims under 29 U.S.C. § 1106(a). On October 4, 2024, the Supreme Court granted certiorari in Cunningham v....more

Davis Wright Tremaine LLP

FCC Extends E-Rate to Off-Premises Wi-Fi Hotspots

On July 29, 2024, the Federal Communications Commission ("FCC") issued a Report and Order ("Order") extending E-Rate support to off-premises Wi-Fi hotspots for use by students, school staff, and library patrons. Hotspots had...more

Whiteford

New CMS EMTALA Portal Signals CMS Continued Focus on Enforcement Fight Against State Abortion Bans

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On May 21, the Centers for Medicare and Medicaid Services (CMS) announced a new option on CMS.gov to allow individuals to more easily file an Emergency Medical Treatment and Labor Act (EMTALA) complaint. Before launching the...more

Pillsbury Winthrop Shaw Pittman LLP

FTC Cracks Down on Business-to-Business Telemarketing and Seeks Input on Addressing Tech Support Scam Calls

The amended Rule now more broadly prohibits misrepresentation of goods and services during B2B telemarketing calls. The FTC has also amended the Rule to require enhanced recordkeeping practices for telemarketers and...more

Dechert LLP

Supreme Court Shifts Whistleblower Protection Landscape

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The U.S. Supreme Court on February 8, 2024, held in a unanimous decision that whistleblowers do not need to show retaliatory intent in order to establish protection under the Sarbanes-Oxley Act of 2002 (“SOX”), 18 U.S.C....more

Proskauer - Employee Benefits & Executive...

Wisconsin Federal District Court Issues Five Rulings on Motions to Dismiss 401(k) Investment and Fee Cases – Is There a Way to...

Defense counsel frequently lament the difficulties of defending 401(k) investment and recordkeeping fee litigation when different judges render conflicting rulings on motions to dismiss seemingly indistinguishable...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

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When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

DirectEmployers Association

OFCCP Week In Review: July 2023

Tuesday, June 27, 2023: At 11th Hour, OFCCP Made Changes to Contractor Portal FAQ - Update Made Two Days Prior to Certification Deadline - Thursday, June 29 “Deadline” Not Extended - Adding to the existing...more

Proskauer - Employee Benefits & Executive...

Northwestern University’s Alternative Explanations Not Strong Enough To Defeat ERISA Excessive Fee Claims

On remand from the U.S. Supreme Court, the Seventh Circuit issued its opinion in Hughes v. Northwestern University, concluding that participants in two Northwestern 403(b) plans plausibly pled fiduciary-breach claims based on...more

Rumberger | Kirk

Avoiding Costly FLSA Misclassification Errors

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FLSA Audits Can Help Employers Avoid or Minimize the Impact of Misclassification Claims - The Fair Labor Standards Act (FLSA) is one of the oldest employment laws in existence. At the most basic level, the FLSA requires...more

Verrill

Unanimous Supreme Court Overturns Court of Appeals in Northwestern University 403(b) Plans Excessive Fee Case

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The United States Supreme Court has agreed with participants in two 403(b) plans sponsored by Northwestern University that their lawsuit, alleging that plan recordkeeping and investment fees were excessive, should not have...more

Hahn Loeser & Parks LLP

How to Comply With Vaccine-or-Test Requirements when Compliance May be Beyond Your Control

With OSHA’s Emergency Temporary Standard (ETS) hanging in the balance of a special January 7, 2022, U.S. Supreme Court session, your organization should nonetheless prepare to comply with a Vaccine-or-Test COVID-19 policy. As...more

Constangy, Brooks, Smith & Prophete, LLP

CMS Issues Guidance For Rule Mandating COVID-19 Vaccines For Most Health Care Workers

On December 28, the Centers for Medicare & Medicaid Services issued long-awaited guidance regarding how it intends to enforce its Interim Final Rule mandating COVID-19 vaccinations for certain health care workers. The rule,...more

Lasher Holzapfel Sperry & Ebberson PLLC

Two Major Changes Address Living-With-COVID Concerns

A national vaccination mandate directed at employers with more than 100 employees became effective 1/10/2022. Although the U.S. Supreme Court has expedited oral arguments regarding judicial stays facing the mandate, the...more

Cozen O'Connor

OSHA Withdraws COVID ETS for Healthcare

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On December 27, OSHA announced it is allowing its ETS for healthcare facilities to sunset but that it would continue to work expeditiously to promulgate a permanent standard for coronavirus-related hazards. In its statement,...more

Husch Blackwell LLP

OSHA Clarifies Healthcare Employer Obligations Regarding COVID-19 Hazard

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On December 27, 2021, the Occupational Safety and Health Administration (OSHA) issued a Statement clarifying the status of the OSHA COVID-19 Healthcare Emergency Temporary Standard (Healthcare ETS) that was originally issued...more

ArentFox Schiff

Supreme Court Set To Rule This Spring on ERISA Investment Fees, Affecting Over 150 Cases Around the Country

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The U.S. Supreme Court heard oral argument to decide a circuit split and determine what ERISA requires of ERISA-governed pension plan fiduciaries with respect to investment fees and recordkeeping. A decision is expected in...more

Jackson Lewis P.C.

Sixth Circuit Gives Employers Lump of Coal for Christmas, Dissolves Stay of OSHA Vaccine ETS

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Sixth Circuit has lifted the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing for...more

Jackson Lewis P.C.

Supreme Court Struggles to Apply “Twiqbal” in Retirement Plan Fee Cases

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Monday, the Supreme Court heard oral arguments in Hughes v. Northwestern University, No. 19-1401, just one of about 150 similar class action suits filed around the country in the last few years. The case was brought by...more

Verrill

Supreme Court will Hear Northwestern University 403(b) Plan Excessive Fee Case

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The United States Supreme Court will weigh in on the spate of recent lawsuits filed against colleges and universities related to the schools’ retirement plans. The Court has granted a request for review from participants in...more

Fisher Phillips

January 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Top 50 Workplace Law Stories Of 2018

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It’s hard to keep up with the news these days. It sometimes feels like you can’t step away from your phone, computer, or TV for more than an hour or so without a barrage of new information hitting the headlines—and you’re...more

Fisher Phillips

Web Exclusive - May 2018: The Top 14 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Don’t Forget About Minimum Wage And Recordkeeping!

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No doubt last month’s Navarro ruling in the Supreme Court was a big win for retail automotive. That decision affirmed that the same federal overtime exemption that applies to a “salesman, partsman, and mechanic” also applies...more

Blank Rome LLP

White Collar Watch (April 2018 - No. 1)

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Welcome to the spring edition of our White Collar Watch. Hopefully by the time you are reading this, winter’s storms (finally?) are behind us. 2018 has gotten off to a busy start for our practice and attorneys. We look...more

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