As the Employee Retirement Income Security Act (“ERISA”) celebrates its 50th anniversary, it offers us an opportunity to reflect on its transformative impact on employee benefits and retirement security. Signed into law on...more
In welcome news to the business community, a federal judge in Texas invalidated the Federal Trade Commission’s attempted ban of non-compete agreements. “The role of an administrative agency is to do as told by Congress, not...more
As reported in Part 4 of our 2022 End of Year Plan Sponsor “To Do” List, Section 6039 of the Internal Revenue Code (the “Code”) requires employers to provide a written information statement to each employee or former...more
As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our To Do Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/18/2023
/ 10b5-1 Plans ,
Benefit Plan Sponsors ,
Clawbacks ,
Consumer Protection Act ,
Deferred Compensation ,
Disclosure Requirements ,
Executive Compensation ,
Form 10-K ,
Form 10-Q ,
Incentive Stock Options ,
Institutional Shareholder Services (ISS) ,
Section 409A ,
Securities and Exchange Commission (SEC) ,
Tax Cuts and Jobs Act ,
Year-End Planning
As 2023 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/4/2023
/ 401k ,
Automatic Enrollment ,
Best Practices ,
CARES Act ,
Cybersecurity ,
Department of Labor (DOL) ,
Employee Contributions ,
EPCRS ,
Fee Disclosure ,
IRS ,
QACA ,
Qualified Retirement Plans ,
Reporting Requirements ,
Required Amendments (RAs) ,
Roth IRA ,
SECURE Act ,
Student Loans
I previously blogged about the New York Stock Exchange and Nasdaq listing standards that require issuers to adopt compliant clawback policies by December 1, 2023. While many issuers may have already adopted clawback policies...more
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
10/12/2023
/ Abortion ,
Affordable Care Act ,
Birth Control ,
Cafeteria Plans ,
CARES Act ,
Children's Health Insurance Program (CHIP) ,
Civil Rights Act ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Cost-of-Living Adjustment (COLA) ,
Department of Health and Human Services (HHS) ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Drug Pricing ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Families First Coronavirus Response Act (FFCRA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Health Plan Sponsors ,
IRS ,
MHPAEA ,
Non-Discrimination Rules ,
NQTLs ,
Out of Network Provider ,
Penalties ,
Pharmacy Benefit Manager (PBM) ,
Popular ,
Recordkeeping Requirements ,
Reporting Requirements ,
Reproductive Healthcare Issues ,
Student Loans ,
Surprise Medical Bills ,
Title VII ,
Transparency ,
Travel Time ,
Wellness Programs
On August 25, 2023, the IRS issued Notice 2023-62, which gives retirement plan sponsors a two-year administrative transition period to implement the SECURE 2.0 requirement that certain catch-up contributions to 401(k) and...more
As noted in a prior post, both the New York Stock Exchange (“NYSE”) and Nasdaq have adopted listing standards that requires issuers to adopt compliant clawback policies by December 1, 2023. Adoption of such policies and/or...more
SEC Enhancement of Share Repurchase Disclosure Requirements -
On May 3, 2023, the Securities and Exchange Commission (the “SEC”) announced its adoption of amendments to the provisions of Item 703 of Regulation S-K (“Item...more
7/7/2023
/ 10b5-1 Plans ,
Disclosure Requirements ,
Diversity ,
Equal Protection ,
Fair Market Value ,
Form 10-K ,
Form 10-Q ,
Inflation Reduction Act (IRA) ,
Investors ,
Nasdaq ,
New Amendments ,
Regulation S-K ,
Securities and Exchange Commission (SEC) ,
Stock Repurchases
Last year, Superior Courts in Los Angeles County invalidated two California statutes requiring specific diversity mandates for California public company boards (Senate Bill 826 “SB 826” and Assembly Bill 979 “AB 979”). The...more
6/28/2023
/ Appeals ,
Board of Directors ,
Business Litigation ,
California ,
Corporate Governance ,
Diversity ,
Equal Protection ,
Fourteenth Amendment ,
Investors ,
Nasdaq ,
Publicly-Traded Companies ,
Quotas ,
Securities and Exchange Commission (SEC) ,
State Constitutions
As described in Part 4 of our 2022 end of year plan sponsor “to do” list, on October 26, 2022, the Securities and Exchange Commission published the final clawback rules under the Dodd-Frank Wall Street Reform and Consumer...more
Institutional Shareholder Services Inc. (“ISS”), a leading proxy advisory firm, uses a proprietary “Equity Plan Scorecard” approach to evaluate public company equity compensation plans. For 2023, ISS has updated its Equity...more
As reported in Part 4 of our 2022 End of Year Plan Sponsor “To Do” List, Section 6039 of the Internal Revenue Code (the “Code”) requires employers to provide a written information statement to each employee or former...more
As 2022 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/5/2022
/ 401k ,
American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
CARES Act ,
Compliance ,
Cryptocurrency ,
Cybersecurity ,
Department of Labor (DOL) ,
Environmental Social & Governance (ESG) ,
Investment ,
IRS ,
QACA ,
Required Amendments (RAs) ,
Retirement Plan ,
SECURE Act
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
10/19/2022
/ Abortion ,
COBRA ,
Consolidated Appropriations Act (CAA) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Disclosure Requirements ,
Dobbs v. Jackson Women’s Health Organization ,
Electronic Protected Health Information (ePHI) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Food and Drug Administration (FDA) ,
Health and Welfare Plans ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HRSA ,
IRS ,
MHPAEA ,
No Surprises Act (NSA) ,
Policies and Procedures ,
Popular ,
Public Health Emergency ,
Reproductive Healthcare Issues ,
Roe v Wade ,
Self-Funded Health Plans
In a ruling on April 1, 2022, a Superior Court in the County of Los Angeles invalidated Assembly Bill 979 (“AB 979”), a California bill requiring increased diversity on public company boards, which was signed into law by...more
Given recent declines in equity value in a variety of segments of the economy (technology in particular), a number of clients have asked us what levers are available for retaining talent. While they are rare and while we...more
Section 409A, the provision of the Internal Revenue Code that regulates the time and form of payment of nonqualified deferred compensation, contains a helpful exception for “short-term deferrals.” Specifically, Section 409A...more
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues, Part...more
As 2021 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate SW Benefits Updates. Part 1 covered health and welfare plan...more
12/7/2021
/ Benefit Plan Sponsors ,
CARES Act ,
Cybersecurity ,
Defined Contribution Plans ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
IRS ,
Qualified Retirement Plans ,
Retirement Plan ,
SECURE Act
As is tradition, we are happy to present our End of Year Plan Sponsor “To Do” Lists. We are publishing our “To Do” Lists in four separate Employee Benefits Updates. Part 1 covered year-end health and welfare plan issues. This...more
11/17/2021
/ 401k ,
Compensation & Benefits ,
Contribution Limits ,
Cost-of-Living Adjustment (COLA) ,
Deferred Compensation ,
Employee Benefits ,
Flexible Spending Accounts ,
HDHP ,
Health and Welfare Plans ,
Qualified Retirement Plans ,
Retirement Plan
We are pleased to present our annual End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health and welfare plan issues....more
11/11/2021
/ Affordable Care Act ,
Benefit Plan Sponsors ,
CARES Act ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Health and Welfare Plans ,
Plan Participants ,
Retirement ,
Retirement Plan ,
Retirement Plan Providers