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
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
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
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
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
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
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
On Friday, December 22, 2017, the 1,100-page tax bill was signed into law. The bill promises to bring about the most impactful tax reform that plan sponsors and their advisors have seen in decades. Join Davis Wright Tremaine...more
On Friday, December 22, 2017, President Trump signed the 1,100-page tax bill into law. Although not as drastic as the original House proposal, the bill promises to bring about the most impactful tax reform that plan sponsors...more
The 21st Century Cures Act allows small employers to reimburse employees on a pre-tax basis for medical care expenses (including premiums for individual health insurance policies). Under transition relief issued on February...more
The courts have been busy in 2014, addressing a variety of issues in the employee benefits field in decisions that impact everyone from union travelers to ESOP fiduciaries. This advisory summarizes a selection of the 2014...more
9/19/2014
/ Blue Cross ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
ESOP ,
Fiduciary Duty ,
Individual Retirement Account (IRA) ,
IRS ,
Multi-Employer Pensions ,
Negligence ,
Nonprofits ,
Religious Institutions ,
TPAs ,
Traveling Employee
The Department of Labor (DOL) recently updated Fact Sheet #28F: Qualifying Reasons for Leave under the Family and Medical Leave Act. For purposes of the Family and Medical Leave Act (FMLA), the term “spouse” includes a...more
The U.S. Supreme Court’s decision in U.S. v. Windsor changed the tax treatment of benefits provided to legally married same-sex spouses and their dependents. Prior to the Windsor decision, employers were required to treat any...more
On June 26, 2013, the Supreme Court issued its landmark ruling in Windsor v. United States holding that same-sex marriages valid under state law are now recognized at the federal level, thereby transforming the treatment of...more
7/1/2013
/ Civil Unions ,
COBRA ,
DOMA ,
Domestic Partnership ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Protection ,
Family and Medical Leave Act (FMLA) ,
Hollingsworth v Perry ,
Income Taxes ,
Proposition 8 ,
Retirement Plan ,
Same-Sex Marriage ,
SCOTUS ,
Standing ,
US v Windsor
News articles, social media, protests, and lunchroom conversation were all dedicated to the two cases before the U.S. Supreme Court this week. Hollingsworth v. Perry and Windsor v. United States could potentially transform...more