Commonly referred to as "excessive fee" litigation, class actions that allege retirement plan investments charge too much and earn too little have increased over the past two decades. Excessive fee cases are difficult to...more
5/30/2024
/ Attorney's Fees ,
Burden of Proof ,
Class Action ,
Depositions ,
Discovery ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Excessive Fees ,
Fiduciary ,
Investment ,
Investment Adviser ,
Jurisdiction ,
Jury Trial ,
Retirement Plan ,
Standing ,
Summary Judgment
Since Washington launched its Paid Family Medical Leave program ("PFML") in 2020, employers have had very limited access to information from the state regarding employee leaves, including when leaves begin or end. With the...more
On Friday, Aug. 25, 2023, the IRS announced a two-year reprieve for employers on the implementation of SECURE 2.0's requirement that catch-up contributions made by higher-income participants be designated as after-tax Roth...more
Constitutional question follows the Washington Supreme Court's recent capital gains decision -
As discussed in Parts 1 and 2 of our advisory series, Washington State's Long-Term Services and Supports Trust Program ("WA...more
Employers should prepare now for impacts to their employee benefit plans when the COVID-19 Outbreak Period expires. On March 29, 2023, in anticipation of the ends of both the National Emergency and Public Health Emergency,...more
As discussed in Part 1 of our advisory series, withholdings for Washington State's Long-Term Services and Supports Trust Program ("WA Cares") tax are scheduled to begin July 1, 2023. In Part 2, we ask the hard questions about...more
As discussed in prior advisories, following a class action lawsuit challenging Washington State's Long-Term Services and Supports Trust Program (now called "WA Cares") and legislative changes and delays, WA Cares is again set...more
SECURE 2.0 became law on December 29, 2022. It has something for all retirement plans, and its provisions should be reviewed by all retirement plan sponsors. It aims to increase retirement savings and expand retirement...more
This is an updated version of a previous blog we published on statements issued by Washington Governor Jay Inslee and the legislature regarding the WA Cares Fund. On December 17, 2021, Washington Governor Jay Inslee and the...more
On Friday, December 17, 2021, following pressure from the state Democratic leadership, Washington State employees, and the recent lawsuit filed by Davis Wright Tremaine LLP, Pacific Bells, et. al. v. Inslee, Governor Inslee...more
Update April 16, 2021: Employees now have until November 1, 2021, to purchase long-term care insurance if they wish to opt out of the Washington State Long-Term Care Program. On April 14, 2021, the House passed an amendment...more
Nearly a year ago, on April 14, 2020, Washington Governor Jay Inslee issued Proclamation 20-46 "High-Risk Employees-Workers' Rights," which provided protections to certain individuals with conditions that made them...more
The U.S. Department of Labor (DOL) has issued model notices and Frequently Asked Questions (FAQs) regarding the COBRA subsidy (see COBRA Premium Subsidy guidance) made available under the American Rescue Plan Act of 2021...more
The Washington State Long-Term Care Program, long under the radar, should now be at the top of every Washington state employer's mind—as well as their employees. The law mandates long-term care benefits for Washington...more
Update: On July 29, 2020, Washington Governor Inslee issued Proclamation 20-46.2, which extends the protections for high-risk employees as originally set forth by Proclamation 20-46 "High-Risk Employees—Workers' Rights on...more
Please join us for the first virtual installment of our Washington Paid Family and Medical Leave (PFML) roundtable series. This program will feature a presentation followed by a moderated discussion with attendees and DWT...more
On June 23, 2020, the U.S. Department of Labor (USDOL), the Department of Health and Human Services (HHS), and the Department of the Treasury jointly released updated guidance, in the form of FAQs, to implement the...more
Update: On June 9, 2020, Governor Inslee issued Proclamation 20-46.1, which continues the protections for high-risk employees as originally set forth by Proclamation 20-46 "High-Risk Employees – Workers' Rights on April 13,...more
On May 12, 2020, the IRS issued new guidance, IRS Notice 2020-29 and IRS Notice 2020-33, which temporarily provides greater flexibility to individuals participating in a cafeteria plan, health flexible spending arrangement...more
On April 11, 2020, the Departments of Labor, Treasury, and Health and Human Services issued new COVID-19 FAQs regarding health plans. This advisory summarizes the key components of the FAQs, including notice requirements for...more
Governor Jay Inslee has ordered that all Washington employers immediately implement additional protections for “high-risk” workers through at least 11:59 p.m. on June 12, 2020. On April 13, 2020, Governor Inslee issued...more
As more employees face financial hardship due to COVID-19, many employers are exploring additional options available for providing paid leave and other financial relief. This advisory provides a high-level summary of the...more
This advisory summarizes key provisions in the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) applying to employee benefit plans. We provide a summary of key items and more detailed FAQs relating to...more
3/30/2020
/ 401k ,
CARES Act ,
Coronavirus/COVID-19 ,
Defined Contribution Plans ,
Employee Benefits ,
Employer Group Health Plans ,
Hardship Distributions ,
Payroll Taxes ,
Relief Measures ,
Retirement Plan ,
Student Loans ,
Tax Credits ,
Telehealth
On February 21, 2020, the Internal Revenue Service (IRS) released a memo to address whether the Employer Shared Responsibility Payment (ESRP) imposed by Internal Revenue Code (IRC) section 4980H is subject to any statute of...more
In response to the Affordable Care Act’s (ACA) 30-hour threshold for employee coverage, many employers, including retailers and restaurants, considered cutting employee hours to avoid offering health insurance....more