ERISA Lawyer Blog: Archives

Archives

2012.02.07: Employee Benefits-IRS Announces Initiative To Help Americans Achieve Retirement Security By Expanding Lifetime Income Choices
2012.02.06: ERISA-DOL Issues Final Regulations For Service Provider Disclosures Under Section 408(b)(2); Effective Date Delayed
2012.02.03: Employment-Tenth Circuit Rules That Migraine Headaches Are Not An ADA Disability
2012.02.01: Employment -Eleventh Circuit Rules That Plaintiff Can Be Protected By The FMLA Even Before She Qualified For FMLA Leave
2012.01.31: Employment-DOL Proposes To Amend FMLA Regulations To Expand Rules On Military Family Leave
2012.01.30: ERISA-Ninth Circuit Rules That, Since The Plaintiff Has A Colorable Claim To Benefits, A District Court Has Subject Matter Jurisdiction Over The Suit And May Hear The Case
2012.01.26: Executive Compensation-A Reminder: Form 3921s and Form 3922s For 2011 Are Due Next Tuesday
2012.01.25: ERISA-District Court Rules That, Due Prohibition On Discretionary Clauses Under Illinois Law, The Administrator's Decision To Terminate Long-Term Disability Benefits Must Be Reviewed De Novo
2012.01.24: ERISA-Fourth Circuit Rules That Insurer/Administrator Properly Calculated Predisability Earnings When Determining That No Disability Benefits Are Payable
2012.01.23: Employee Benefits-EBSA Releases 2011 Annual Report Form For MEWAs
2012.01.19: Employee Benefits-IRS Revises The Rules For Reporting Group Health Care Costs On Form W-2
2012.01.17: ERISA- Minnesota Court Rules That A Domestic Relations Order Does Not Qualify
2012.01.13: Employee Benefits-IRS Provides Guidance On Notice To Be Provided To Terminated Employees With Deferred Vested Benefits
2012.01.12: Employee Benefits-IRS Provides Some Thoughts On Leased Employees
2012.01.11: Employment-DOL Issues Fact Sheet On Protection Under The FLSA Against Retaliation
2012.01.10: Employment-DOL Issues Fact Sheet On Protection Under The FMLA Against Retaliation
2012.01.09: ERISA-Ninth Circuit Upholds The Plan Board's Calculation Of Withdrawal Liability
2012.01.06: Employee Benefits-IRS Provides Guidance On Whether Contributions To A Retirement Plan May Be Based On S Corp Distributions
2012.01.05: ERISA-Seventh Circuit Determines That Solvent Companies Are Responsible For The Withdrawal Liability Of An Insolvent Affiliate
2012.01.04: Employment-First Annual Notice To Employees Required By The Wage Theft Protection Act Is Due By February 1
2012.01.03: Employment-Second Circuit Clarifies When The 90-Day Limitations Period For Bringing An Employment Discrimination Suit Begins To Run
2011.12.29: Employment- Seventh Circuit Rules That An Employee Need Not Be Paid Overtime For Work Performed Prior To The Start Of Her Work Shift
2011.12.27: Employee Benefits-IRS Reminds Taxpayers To Plan Now To Get The Full Benefit of The Tax Saver's Credit
2011.12.23: Employee Benefits-IRS Will No Longer Rule On Discrimination Testing As Part Of The Determination Letter Process For A Qualified Plan
2011.12.22: Employee Benefits-IRS Issues 2011 Cumulative List of Changes in Plan Qualification Requirements
2011.12.20: ERISA-IRS Provides Relief To IRA Owners Who Have Entered Into Indemnification Agreements With Brokers or Other Financial Institutions
2011.12.19: Employment-Ninth Circuit Rules That A Teacher Without Legal Authorization To Teach Is Not Protected By The ADA
2011.12.15: ERISA-DOL Clarifies Guidance On Use of Electronic Media To Meet Participant Fee Disclosure Rules
2011.12.14: Employee Benefits-IRS Talks About Maximizing An Employee's Salary Deferrals in 2012
2011.12.13: Employee Benefits-IRS Provides Guidance on Retirement Plan Distributions
2011.12.12: ERISA-Third Circuit Rules That Defendant Has Equitable Defenses Against A Claim For Subrogation
2011.12.08: Employee Benefits-IRS Issues FAQs On New Form 8955-SSA
2011.12.08: ERISA- Fourth Circuit Rules That Plan Administrator Did Not Abuse Its Discretion In Revoking Long-Term Disability Benefits
2011.12.07: ERISA-EBSA Provides More Information To Protect The Public Against MEWAs
2011.12.07: ERISA-Second Circuit Rules That Participant Is Entitled To Recover An Amount That The Plan Erroneously Transferred Out Of His Account, Even Though the Plan Had Not Yet Recovered That Amount From The Payee
2011.12.06: ERISA-EBSA Proposes Rules To Control MEWAs
2011.12.06: Employee Benefits-IRS Extends Deadline To Amend A Plan To Comply With Section 436; Provides Sample Amendment
2011.12.05: ERISA-Second Circuit Rules That Plaintiff's Claim For Long-Term Disability Benefits Is Not Time-Barred By A Plan Provision
2011.12.02: ERISA-DOL Says That PTE 80-26 Does Not Provide Relief For IRA Transactions
2011.12.01: ERISA-District Court Rules That Employer Contributions, Not Yet Paid To The Plan, Are "Plan Assets" For ERISA Purposes
2011.11.30: ERISA-New York Court Rules That Claims Of Breach Of Contract, Fraud, And Promissory Estoppel Are Preempted by ERISA
2011.11.29: ERISA-District Court Rules That An Employer Did Not Fire Plaintiff In Order To Interfere With Her Attainment Of An Employee Benefit
2011.11.28: ERISA-Tenth Circuit Upholds Decision To Deny Health Care Coverage For Residential Treatment
2011.11.22: Employee Benefits-EBSA Provides Guidance On The Mental Health Parity and Addiction Equity Act
2011.11.21: Employee Benefits-EBSA Postpones The Effective Date For The Rules Requiring Health Plans To Provide A Summary Of Benefits and Coverage
2011.11.17: Executive Compensation-IRS Says That Bonuses Can Meet The "Fact Of Liability Requirement" Of Code Section 461 For A Tax Year, Even Though The Employer Does Not Know The Amount Or Recipient Of Any Particular Bonus Until After The Year Ends
2011.11.16: ERISA-Fifth Circuit Rules That State Law Claims Of Quantum Meruit And Unjust Enrichment Are Preempted By ERISA, While Those Of Promissory Estoppel, Negligent Misrepresentation And Similar Matters Are Not
2011.11.15: ERISA-More On Novella: Second Circuit Says That Statute of Limitations On An ERISA Claim To Correct A Miscalculation Of Pension Benefits Begins When The Plaintiff Has Enough Information To Assure That He Knows (Or Reasonably Should Know) Of The Miscalcul
2011.11.14: ERISA-Second Circuit Rules That Plaintiff's Disability Pension Was Not Calculated Correctly, And That Plaintiff Is Entitled To Prejudgment Interest
2011.11.10: ERISA-Second Circuit Rules That Letter Denying Claim For Short Term Disability Benefits Complies With ERISA Claims Procedure
2011.11.09: ERISA-District Court Rules That A Beneficiary And Recipient Of Life Insurance Proceeds Under A Plan Must Turn Over The Proceeds To The Participant's Estate Due To Waiver Under An Order Of Separate Maintenance
2011.11.07: ERISA-Supreme Court Of Nevada Court Rules That State Law Claim Of Failing To Ensure The Quality Of Healthcare Is Preempted By ERISA
2011.11.03: ERISA-EBSA Issues Regulation On Statutory Exemption Allowing Fiduciaries To Provide Investment Advice To Plan Participants And IRA Owners
2011.11.02: ERISA-First Circuit Rules That Suit Under ERISA For Disability Benefits Was Timely Filed, Based on Equitable Tolling
2011.11.01: ERISA-DOL Seeks, And Receives, A No Action Letter From SEC Regarding New Participant Fee Disclosure Rules
2011.10.31: ERISA-EBSA Provides Guidance On Leases Of Office Space Between Multiemployer Plans And Unions
2011.10.28: ERISA-Eleventh Circuit Upholds Termination Of Participant's Long-Term Disability Benefits
2011.10.27: ERISA- Ninth Circuit Rules That Case Must Be Remanded So The District Court Can Reconsider Whether The Administrator Abused Its Discretion In Denying A Claim For Long-Term Disability Benefits
2011.10.24: ERISA-Second Circuit Adopts Moench Presumption And Affirms Dismissal Of Claims That Plan Fiduciaries Imprudently Allowed Continued Investment In Employer Stock
2011.10.21: Employee Benefits-IRS Announces The Pension Plan Limits For 2012
2011.10.20: ERISA-Tenth Circuit Upholds Termination Of Disability Benefits By The Insurer/Administrator
2011.10.19: ERISA-District Court Rules That ERISA Preempts State Law Claims Of Interference With A Contractual Relationship
2011.10.18: Employee Benefits-IRS Announces Amendments To The Final And Proposed Regulations Applying To Cash Balance And Other Statutory Hybrid Plans
2011.10.17: ERISA-EBSA Provides Guidance On Multiemployer Plans Entering Into Leasing Arrangements
2011.10.14: ERISA-Fifth Circuit Rules That Participant Does Not Have Standing To Sue For Life Insurance Benefits Under ERISA
2011.10.13: ERISA-Eighth Circuit Rules That Disability Benefits May Not Be Offset by Veterans Benefits
2011.10.06: ERISA-Fifth Circuit Rules That A Fiduciary Breached Its Duties By Failing To Provide Plan Documents and a Rollover Election Form To A Participant
2011.10.05: Employment-Ninth Circuit Rules That Plaintiff Has Raised A Triable Issue Of Age Discrimination
2011.10.04: ERISA-District Court Rules That Withdrawal Liability May Be Imposed On A Corporate Controlled Group Member (A Trade Or Business), But Not On Individual Company Owners (Who Do Not Conduct A Trade Or Business)
2011.10.03: ERISA-Ninth Circuit Rules That Plan Administrator Abused Its Discretion When It Recalculated The Participant's Long-Term Disability Payments After He Was Awarded A Social Security Disability Benefit
2011.09.28: Employment-Fifth Circuit Rules That An ADEA Claim May Be Brought Based On A Hostile Work Environment
2011.09.27: ERISA-Seventh Circuit Finds That Surviving Spouse's Consent ToThe Waiver Of A QPSA Was Valid, Despite No Witness
2011.09.22: Employment-IRS Announces New Voluntary Worker Classification Settlement Program
2011.09.21: ERISA-DOL Will Re-Propose Its New Rule On Definition Of Fiduciary
2011.09.20: Employment-DOL And IRS To Act Together And Increase Efforts On Preventing The Misclassification Of Employees As Independent Contractors
2011.09.19: Employee Benefits-IRS Provides Guidance On Tax Treatment Of Employer Provided Cell Phones
2011.09.17: ERISA- EBSA Issues Interim e-Disclosure Policy Under The Participant Fee Disclosure Regulation
2011.09.15: ERISA-Ninth Circuit Rules That Insurer Abused Its Discretion In Terminating Long-Term Disability Benefits
2011.09.14: Employee Benefits-IRS Provides Guidance On 20% Withholding Requirement For Distributions For Qualified Retirement Plans
2011.09.12: ERISA-Seventh Circuit Rules That Offering Retail Mutual Funds For Plan Investment Does Not Violate ERISA Fiduciary Duty
2011.09.08: ERISA-District Court Rules That A Deferred Compensation/Split Dollar Life Insurance Plan Is "Unfunded" For ERISA Purposes
2011.09.07: Employee Benefits-IRS Provides Guidance On How A Partner's Compensation Is Determined For Qualified Retirement Plan Purposes
2011.09.06: Employee Benefits-EBSA Provides Another (And Maybe Last) Word On the COBRA Subsidy
2011.09.01: ERISA-Ninth Circuit Rules That Suit For Disability Benefits Was Timely Filed
2011.08.31: Employee Benefits-IRS Provides Guidance On Compensation Errors In Qualified Retirement Plans
2011.08.30: Employment -A Reminder: As Of July 15, Employers Must Report Information On Any Dependent Health Coverage Provided
2011.08.25: ERISA-First Circuit Upholds Denial Of Disability Benefits, Based On Failure To Explain Sudden Change In Condition
2011.08.24: ERISA-Seventh Circuit Rules That A Plan's Notice Of Benefit Denial Did Not Comply With ERISA
2011.08.23: Employee Benefits-Clear and Consistent Disclosure Is Coming For Health Benefits
2011.08.22: ERISA-Eighth Circuit Holds That An Employment Agreement, A Contract Involving A Single Employee, Is Not A Plan Within The Meaning Of ERISA.
2011.08.18: Employee Benefits-Seventh Circuit Finds That A Plaintiff Is Entitled To Monetary Damages, But Not A Statutory Penalty, For The Failure To Provide A Timely COBRA Notice
2011.08.17: Employment-Eighth Circuit Rules That Minnesota Retirement Plan, With Its Age-55 Cliff, Discriminates Against Older Employees In Violation Of The ADEA
2011.08.16: ERISA-Third Circuit Rules That Administrator Is Entitled To Recoup Overpayment of LTD Benefits Under Section 502(a)(3) of ERISA
2011.08.15: ERISA-Third Circuit Rules That Administrator Complied With Plan Terms In Terminating LTD Benefits
2011.08.13: ERISA-Seventh Circuit Rules That Employer May Amend Its Health Care Plan To Require Retirees To Pay The Entire Cost of Their Health Care Coverage; Decision Influenced By CIGNA Corp. v. Amara
2011.08.12: Employment-Ninth Circuit Rules That FMLA Leave Is Not Available To An Individual Who Did Not Request The Leave While An Employee
2011.08.11: ERISA-Ninth Circuit Rules That An Insurer Can Be Sued For Plan Benefits Under ERISA
2011.08.10: Employee Benefits-IRS Provides Guidance On Hardship Distributions
2011.08.08: ERISA-Second Circuit Holds That An Insurer Is Not A Plan Fiduciary With Respect To A Retained Asset Account
2011.08.05: Employment-EEOC Discusses Whether An Employer May Provide Financial Incentive For An Employee To Participate In A Wellness Program Without Violating ADA or GINA
2011.08.04: ERISA-A Reminder About Who Can Sue
2011.08.03: Employee Benefits-HHS Expands List Of Preventive Services For Women
2011.08.01: ERISA-Third Circuit Rules That An Administrator Was Not Arbitrary Or Capricious In Denying A Claim For Long-Term Disability Benefits
2011.07.29: ERISA-Eighth Circuit Rules That Suit Must Be Dismissed For Failure To Exhaust Administrative Remedies
2011.07.28: ERISA-Eighth Circuit Rules That Plan Administrator Properly Denied Death Benefits Due To Participant's Intoxication
2011.07.27: Employment-Second Circuit Rules That A Waiver In A Separation Agreement Bars A Suit Alleging An ADEA Violation.
2011.07.26: ERISA-Fourth Circuit Holds That An Employer Cannot Reduce Retiree Health Benefits Without Following The Procedure InThe Collective Bargaining Agreement
2011.07.25: ERISA-New York Supreme Court Holds That Spouse's Waiver of Retirement Benefits In A Separation Agreement Requires That She Returns The Benefits She Received To Her Husband's Estate
2011.07.23: Employee Benefits- New York's Marriage Equality Act Affects Employee Benefits
2011.07.22: ERISA-Fifth Circuit Holds That A Plan Administrator May Not Refuse To Treat A Court Order As Being A QDRO, Based On Its Determination That The Underlying Divorce Is A Sham
2011.07.21: ERISA-Seventh Circuit Rules That A District Court Has Subject Matter Jurisdiction Over An Employer's Suit For Declaratory Judgment That Its Reduction Of Retiree Health Benefits Did Not Violate ERISA
2011.07.19: ERISA-D.C. Circuit Court Rules That Plaintiffs Are Entitled to Interest Due To A 45-Day Delay In Making Lump Sum Benefit Payments
2011.07.18: ERISA-Seventh Circuit Holds That Failure To Include A Self-Reported Symptoms Limitation In The SPD Prevents The Insurer From Using It To Stop Paying Long-Term Disability Benefits
2011.07.14: ERISA-EBSA Postpones Effective Dates Of New Fee And Investment Disclosure Rules
2011.07.12: ERISA-Fifth Circuit Upholds Dismissal Of Former Pilot's ERISA Claims For Lack Of Subject Matter Jurisdiction
2011.07.10: Employment-Eighth Circuit Holds That Eleventh Amendment Bars Suit Against the State of Iowa For An FMLA Violation
2011.07.07: ERISA-Eleventh Circuit Remands A Case To Determine The Remedies Available In Light of CIGNA Corp. v. Amara
2011.07.07: ERISA-DOL Says That PTE 86-128 Applies To An Investment Advisor
2011.07.05: ERISA-Second Circuit Rules That A Participant Cannot Change The Form Of His Pension Payment Due To Abandonment By His Spouse
2011.06.30: ERISA-District Court Rules ThatThe ERISA Anti-alienation Rule Does Not Protect Monthly Pension From Asset Freeze
2011.06.29: ERISA-Ninth Circuit Rules That Aetna's Denial Of A Claim For Disability Benefits Was An Abuse Of Discretion
2011.06.23: ERISA-District Court Rules That Injunctive Relief To Correct Bad Faith Handling Practices For Disability Claims Is Not Available Under Sections 502(a)(2) and (3) of ERISA
2011.06.22: Employee Benefits-IRS Extends Filing Due Date For New Form 8955-SSA
2011.06.20: Employee Benefits-6/30 Deadline For Amending Flexible Spending Arrangements To Comply With New Drug Rules Is Approaching
2011.06.19: ERISA-Third Circuit Rules That Withdrawal Liability, To The Extent Attributable To The Period Of Time After a Bankruptcy Petition Has Been Filed, Is An Administrative Expense and Entitled To Priority Under The Bankruptcy Code
2011.06.16: ERISA-Third Circuit Rules That Administrator's Decision To Deny Life Insurance Benefits Is Not Entitled To A Deferential Review; It Also Offers "Safe Harbor" Language For Providing Discretion To An Administrator
2011.06.15: Employment-EEOC Has A Hearing Concerning Use Of Leave Of Absence To Provide Reasonable Accommodation
2011.06.14: ERISA-DOL Advises That Ability Of Party In Interest To Negotiate A Wrap Contract For A Stable Value Fund Does Not Make The QPAM Exemption Inapplicable
2011.06.13: ERISA-Second Circuit Rules That A Plan Is Not Entitled To Recover Losses Due To Madoff Fraud Under Its ERISA Compliance Bond
2011.06.09: ERISA-Ninth Circuit Upholds A Plan's Denial Of Health Benefits Despite Procedural Errors In Reviewing the Benefit Claim
2011.06.08: ERISA-Fifth Circuit Holds That An Arrangement Which Provides A Discount Or Reimbursement Of The Cost Of Telephone Service To Employees And Retirees Is Not A Pension Plan
2011.06.07: Employment -Second Circuit Rules That An Employer Did Not Violate USERRA When It Fired A Returning Serviceman
2011.06.06: ERISA-Fourth Circuit Upholds Insurer's Termination of Disability Benefits Despite Its Conflict Of Interest
2011.06.03: ERISA-DOL Will Extend And Align Effective Dates For Retirement Plan Fee Disclosure Rules
2011.05.26: Employee Benefits-IRS Provides Guidance On Plans For Self-Employed Individuals
2011.05.25: Employee Benefits-IRS Says That Higher Education Organizations Have Been Asked to Confirm Compliance with Universal Availability
2011.05.24: ERISA-Fourth Circuit Rules That The Plan Administrator Did Not Abuse Its Discretion In Denying Benefits Under A Change In Control and Severance Pay Plan; Conflict of Interest Is (Part of) One Of Eight Factors To Consider In Testing Abuse
2011.05.23: ERISA- Fourth Circuit Holds That Insurer Must Return Premiums Under ERISA Section 502(a)(3) (But It Doesn't Have To Pay Life Insurance Benefits)
2011.05.18: ERISA-A Word On Summary Plan Descriptions In Cigna Corporation v. Amara
2011.05.17: ERISA-Supreme Court Rules That A Court May Reform A Plan Under ERISA Section 502(a)(3), But Not Under ERISA Section 502(a)(1)(B)
2011.05.16: Employee Benefits -IRS Lists Common Mistakes in Voluntary Correction Program (VCP) Submissions
2011.05.11: Employment-DOL Makes Employees' Own Timesheet Available.
2011.05.09: ERISA-Third Circuit Rules That Application For Pension Benefits Is Untimely, So Suit For Benefits May Not Be Brought
2011.05.05: ERISA-Fifth Circuit Holds That Claim For Disability Benefits Is Time Barred
2011.05.04: ERISA-Seventh Circuit Rules That The Plaintiff's Failure To Timely File An Administrative Appeal Resulted In Her Failure To Exhaust The Plan's Administrative Procedures, So She Could Not File A Suit For Disability Benefits
2011.05.03: ERISA-Fifth Circuit Holds That Accidental Death Benefit Is Not Payable Due To Exclusion In The Plan For Drunk Driving
2011.04.29: ERISA-Second Circuit Court Rules That Over-Funded Pension Plan Was Transferred To Spun-Off Employer
2011.04.28: ERISA: Mullins Again: Court Upholds Penalty Under ERISA For Failure To Furnish SPD On Request
2011.04.27: ERISA-Fourth Circuit Upholds The Administrator's Decision That The Plaintiff Is Not Disabled Within The Meaning Of The Plan
2011.04.25: ERISA-First Circuit Finds That An Administrator's Interpretation Of The Term "Earnings" In A Long-Term Disability Plan Subject To ERISA Is Unreasonable, And Overturns Its Decision To Stop Benefits
2011.04.22: ERISA-N.J. District Court Rules That In The Absence Of An Assignment Of Benefits, There Is No Complete Preemption By ERISA And No Removal To Federal Court
2011.04.21: ERISA-Tenth Circuit Determines That Plaintiff Has No Standing To Bring Suit Under ERISA, So That His Claim Cannot Be Removed To Federal Court
2011.04.20: ERISA-Second Circuit Finds A Dispute As To Plaintiff's Disability and Vacates Summary Judgment Against Her
2011.04.18: ERISA-7th Circuit Finds That Asset Sale Exception To Withdrawal Liability Applies, Despite Earlier Workforce Reductions
2011.04.16: Employee Benefits-IRS Is Still Concerned About Tax Schemes Involving Retirement Plans
2011.04.15: ERISA-Seventh Circuit Rules That Investment In Employer Stock Resulted In A Breach of Fiduciary Duty Under ERISA And Liability For Damages; Still No Formal Adoption Of The Moench Presumption
2011.04.14: Employee Benefits-Eligibility Failure Of A 403(b) Plan Can Be Corrected Under The Voluntary Correction Program
2011.04.13: Employee Benefits-IRS Warns That Some 403(b) Plan Errors Are Not Eligible For Voluntary Correction Program
2011.04.12: ERISA-Second Circuit Upholds Lower Court's Interpretation Of Collective Bargaining Agreements and Funds' Policies To Require That Contributions Be Made
2011.04.11: ERISA-N.J. District Court Rules That State Law Claims For Fraud and Misrepresentation Are Not Preempted By ERISA
2011.04.08: Employee Benefits-More Interest Points in FAQs VI On The Affordable Care Act
2011.04.07: ERISA-Third Circuit Determines That An Employee Losing His Retirement Benefits Due To A Sale Of The Division In Which He Was Working Does Not Have A Claim Under Section 510 of ERISA
2011.04.06: Employment-April 9 Effective Date For New York Wage Theft Prevention Act Approaches
2011.04.05: Employee Benefits-EBSA Issues Frequently Asked Questions, Part VI, On The Affordable Care Act.
2011.04.04: ERISA-Third Circuit Upholds The Plan Administrator's Interpretation Of A Clause In An Insurance Policy Which Limits The Insured's Death Benefit
2011.04.02: ERISA-Fourth Circuit Holds That The Plan Administrator Properly Paid Life Insurance Proceeds To A Designated Beneficiary, Even Though That Beneficiary Had Earlier Waived Any Claim To The Proceeds
2011.04.01: Employee Benefits-IRS Provides Interim Rules For Reporting The Cost Of Group Health Care Coverage On Form W-2
2011.03.31: ERISA-EBSA Issues Fact Sheet On The Definition of the Term "Fiduciary"
2011.03.30: Employment-EEOC Announces The Issuance Of Final Regulations For The ADA Amendments Act
2011.03.29: Employment-Supreme Court Rules That An Oral Complaint Constitutes A Filed Complaint For Purposes of the FLSA's Antiretaliation Rule
2011.03.28: Employment-Sixth Circuit Rules That Plaintiffs Were Not Entitled To Receive A WARN Notice In Connection With The Employer's Cessation Of Operations
2011.03.26: Employee Benefits-IRS Says That Pre-Approved DC Plans Must Verify Compliance With The First Filing Cycle
2011.03.25: ERISA-Georgia Court Of Appeals Rules That ERISA Does Not Preempt Claims Relating To Benefits That Have Already Been Paid Out
2011.03.24: ERISA-Tenth Circuit Upholds A Deadline In An SPD On The Time For Filing A Claim For Disability Benefits
2011.03.23: Employment-Ninth Circuit Rules That Jury Was Given Improper Instruction On FMLA Claim
2011.03.22: ERISA-Seventh Circuit Rules That Injunctive Relief, But Not Monetary Relief, Is Available For A Breach Of A Fiduciary Duty Claim
2011.03.21: Employee Benefits-EBSA Extends Non-Enforcement Period For Affordable Care Act Interim Regulations Pertaining to Internal Claims And Appeals Under Group Health Care Plans
2011.03.18: ERISA-Tenth Circuit Upholds Metlife's Decisions To Not Increase Disability Benefits, Even Though They Were Calculated Incorrectly, And Then To Terminate the Benefits Altogether
2011.03.17: ERISA-Ninth Circuit Upholds Claim For Disability Benefits, Retroactive To 1974
2011.03.16: Employee Benefits -IRS Reminds Us That Voluntary Correction Program Fee Discount for Non-amenders Of Pre-Approved Plans Ends May 2
2011.03.15: ERISA-Seventh Circuit Rules That Employer Is Required To Make Contributions To A Pension Plan, Despite Oral Agreements To The Contrary
2011.03.14: ERISA-Eighth Circuit Overturns Plan Administrator's Limit On Benefit Payments Due To Abuse of Discretion
2011.03.11: ERISA-Fifth Circuit Determines That ERISA Preempts State Law Claim That Participant Was Not Married
2011.03.10: ERISA- Ninth Circuit Rules That Denial Of Long-Term Disability Benefits by Plan Administrator Is An Abuse of Discretion
2011.03.03: Employee Benefits-IRS Provides Guidance On Definition Of Readily Tradable On An Established Securities Market
2011.03.02: ERISA-Fifth Circuit Rules That Suit For Long-Term Disability Benefits Was Filed Too Late
2011.02.28: ERISA-Sixth Circuit Discusses Whether A Fiancée Is a Domestic Partner And Thus The Beneficiary Of A Life Insurance Plan
2011.02.27: ERISA-Ninth Circuit Interprets A Mental Disorder Limitation On Long-Term Disability Benefits
2011.02.24: Employee Benefits-IRS Provides Guidance On Terminating A 403(b) Plan
2011.02.22: ERISA-Seventh Circuit Rules That Stock Based Payments Are Not Taken Into Account When Calculating Benefits Under A Top-Hat Plan
2011.02.16: ERISA-DOL Advisory Opinion Concludes That Certain Health Care Programs Are MEWAs
2011.02.15: ERISA-DOL Advisory Opinion Concludes That The Purchase Of A Promissory Note and Deed Of Trust By An IRA Would Be A Prohibited Transaction
2011.02.14: ERISA-EBSA Postpones Effective Date For New 408(b)(2) Disclosure Rules
2011.02.14: ERISA-Third Circuit Upholds Denial Of Claim For Dependent Accidental Death Benefits
2011.02.13: ERISA-DOL Issues An Advisory Opinion Discussing Whether A Domestic Relations Order Is A QDRO
2011.02.12: Employee Benefits-IRS Says Breast Pumps And Supplies That Assist Lactation Are Medical Expenses
2011.02.11: ERISA-Fourth Circuit Upholds District Court's Grant of Authority To An Independent Fiduciary To Terminate A Pension Plan
2011.02.10: ERISA-Fifth Circuit Upholds Denial Of Claim For Reinstatement Of Disability Benefits, Despite Doc's Change Of Opinion
2011.02.09: ERISA-Eleventh Circuit Upholds Denial Of Claim For Out-Of-Network Health Care Benefits
2011.02.07: ERISA-District Court Finds That The Augsburg Fortress Publishers Pension Plan Is A Church Plan, And Therefore Not Subject To ERISA
2011.02.06: ERISA-DOL Issues Advisory Opinion On Whether A MEWA Is Fully Insured
2011.02.03: Employment-First Circuit Holds That A Payroll Service Provider Was Not Responsible For Overpayment Of Salary
2011.01.28: Employment-Supreme Court Rules That An Employer's Firing An Employee, Because Of An EEOC Charge Filed By His Fiancée, Violates Title VII's Anti-Retaliation Rule
2011.01.27: ERISA-Third Circuit Holds That The Plan Administrator 's Decision To Terminate Disability Benefits Was Arbitrary and Capricious, And Reinstates The Plaintiff's Benefits Retroactively To The Date Of The Termination
2011.01.26: ERISA-Fourth Circuit Finds That The Plan Administrator 's Decision To Deny Disability Benefits Was Unreasonable, And Upholds The Plaintiff's Claim For Those Benefits
2011.01.24: ERISA-Third Circuit Holds That The Successor Liability Rule May Be Applied To Hold Buyer Of Assets Liable For Seller's Unpaid Plan Contributions
2011.01.20: ERISA-Eleventh Circuit Holds That Health Plan Was Entitled To Reimbursement From Employee's Entire Settlement Proceeds For An Injury
2011.01.19: ERISA-Sixth Circuit Rules That Trustees' Decision To Terminate Plaintiff's Disability Benefits Under A Pension Plan Is Subject To A Deferential Review
2011.01.18: Employment-Seventh Circuit Rules That Alcoholism By Itself Did Not Entitle An Employee to FMLA or ADA Protection
2011.01.17: Employment/ERISA-Fourth Circuit Rules That Employer Properly Denied Short-Term Disability Benefits
2011.01.16: Employee Benefits-IRS Postpones Discrimination Requirements For Insured Health Plans
2011.01.15: Employee Benefits-The IRS Provides Additional Guidance On FSA and HRA Debit Cards
2011.01.14: Employment/Tax-Supreme Court Upholds A Treasury Department Rule Under Which A Medical Resident's Pay Is Not Exempt From FICA Tax
2011.01.13: Employee Benefits-New Guidance On Application of HIPAA Nondiscrimination Rules To Wellness Programs
2011.01.12: ERISA-Seventh Circuit Rules That The Buyer Of An Employer's Assets Is Not Liable For Retirement Benefits Payable Under The Employer's Top Hat Plan
2011.01.11: Employee Benefits-FAQs Issued For Mental Health Parity Act
2011.01.10: Employee Benefits-FAQs Issued For Affordable Care and Mental Health Parity Acts
2011.01.06: Employee Benefits-IRS Provides Refresher On Second Plan Loans
2011.01.05: Employee Benefits-IRS Provides Guidance On Unforseeable Emergency Distributions From 457 (b) Plans
2011.01.04: Employee Benefits- IRS Provides Some Thought On Using Retirement Savings To Pay Business Start-Up Costs
2010.12.24: ERISA-Second Circuit Rules That A Company's Alter Ego Is Responsible For Withdrawal Liability
2010.12.23: Employee Benefits/Tax-President Signs The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010, Which Affects Compensation and Benefits
2010.12.22: Employee Benefits-IRS Delays Effective Date Of Rules For Use Of Smartcards, Etc. to Provide Qualified Transportation Fringes
2010.12.21: Employment-Second Circuit Rules That Plaintiff's Retaliation Claim, That He Was Fired For Complaining About A Derogatory Comment On His Background/Religion, Fails Because Plaintiff Did Not Provide Any Proof Of The Employer's Intent To Retaliate
2010.12.20: Employment-IRS Releases 2011 Percentage Method Tables for Income Tax
2010.12.19: Employee Benefits-IRS Modifies Rules For Group Trusts; Amendments May Be Required Very Soon
2010.12.15: ERISA-Eighth Circuit Rules That Plaintiff Did Not State A Claim Of Imprudent Investment Based On Actions Concerning Employer's Product; Court Declines To Adopt Moench Presumption
2010.12.15: Employee Benefits-IRS Issues 2010 Cumulative List of Changes in Plan Qualification Requirements
2010.12.10: ERISA-Sixth Circuit Rules That Blue Cross Blue Shield Did Not Violate Its Fiduciary Duties Under ERISA Because It Was Not Acting As A Fiduciary When Engaging In Negotiations That Raised Plan Costs
2010.12.09: ERISA-PBGC Provides Guidance On Reportable Events
2010.12.08: ERISA-EBSA Issues A Proposed Rule That Requires More Disclosure Of Investments In Target Date Funds
2010.12.07: Employee Benefits-IRS Extends Deadline to Adopt Certain Amendments For Cash Balance And Other Defined Benefit Plans
2010.12.07: ERISA-Seventh Circuit Rules That Plaintiff Is Not Entitled To A Death Benefit From An Accident And Health Plan, Since Her Husband Did Not Have An Accident Within One Year Before His Death
2010.12.06: ERISA-Fifth Circuit Rules That Plaintiff Is Not Disabled Within The Plan's Meaning, So That The Administrator Was Correct In Stopping His Disability Benefits.
2010.12.05: Employment-New York DOL Posts A Reminder of New Domestic Workers' Bill of Rights
2010.12.03: Employee Benefits-IRS Provides Forms And Additional Guidance On Small Business Health Care Tax Credit
2010.12.02: Executive Compensation-IRS Modifies The Relief And Guidance It Previously Provided On The Correction Of Certain Failures Of A Nonqualified Deferred Compensation Plan to Meet Section 409A
2010.12.01: Employee Benefits-IRS Issues Notice 2010-84 To Provide More Guidance On In-Plan Roth Rollovers
2010.11.30: Employee Benefits-IRS Provides Guidance On Rollovers Of Amounts Held In 401(k) and 403(b) Plans to Roth Accounts In The Same Plan
2010.11.29: Employee Benefits-IRS Provides Guidance On Reporting Conversions Of Amounts Held In 401(k) and 403(b) Plans to Roth Contributions In The Same Plan, And Says That 20% Withholding Does Not Apply
2010.11.23: Executive Compensation-IRS Issues New Forms To Be Used To Report Transfers Of Stock Pursuant To An Exercise Of An Incentive Stock Option Or An Option Under An Employee Stock Purchase Plan
2010.11.22: ERISA-Sixth Circuit Upholds A Plan Administrator's Termination Of Disability Benefit Due To Substantial Evidence Showing No Disability As Defined By The Plan
2010.11.19: ERISA-EBSA Issues Proposed Rules For Section 101(f) Annual Funding Notice For Defined Benefit Plans
2010.11.17: ERISA-EBSA Announces Nationwide Enforcement Actions To Protect Retirement And Health Benefits
2010.11.16: Employee Benefits-Governing Departments Amend Regulation On "Grandfathered" Health Plans Under The Affordable Care Act
2010.11.11: Employee Benefits-EEOC Issues Final Rules on GINA
2010.11.05: Employee Benefits-IRS Announces Pension Plan Limitations for 2011
2010.11.04: ERISA-Third Circuit Holds That A Beneficiary's Decision To Retire Is Not The Detrimental Reliance Needed To Establish A Claim For Breach Of Fiduciary Duty Under ERISA
2010.11.03: Employee Benefits-EBSA Issues FAQs IV On The Affordable Care Act
2010.11.03: Employee Benefits-EBSA Issues FAQs IV On The Affordable Care Act
2010.10.29: Employment-New York State Court Rules That Defendant Can Have Access To Plaintiff's Facebook And MySpace Accounts
2010.10.28: Employee Benefits-IRS Provides Guidance On Computing Defined Contribution Plan Contributions For Self-Employed Individuals
2010.10.25: ERISA-DOL Issues Proposed Rule On Definition of "Fiduciary" Of Employee Benefit Plans
2010.10.22: ERISA-Sixth Circuit Decides That The Plan Administrator's Promise To Keep Plan Costs Down Does Not Create A Conflict of Interest When Reviewing Benefit Claims
2010.10.21: Employee Benefits-IRS Issues Guidance On Hybrid Defined Benefit Pension Plans
2010.10.19: Employee Benefits-EBSA Issues Even More FAQs On Affordable Care Act
2010.10.18: ERISA-EBSA Issues Final Rule On Disclosure Of Fees And Expenses To Retirement Plan Participants
2010.10.15: Employee Benefits-IRS Provides Relief For W-2 Reporting Of The Cost Of Coverage Of Group Health Insurance
2010.10.14: ERISA-Ninth Circuit Holds That A Top Hat Plan Of An Insolvent Employer Could Not Distribute Its Funds To Its Participants
2010.10.13: Employee Benefits-EBSA Issues More FAQs On Affordable Care Act
2010.10.12: ERISA-First Circuit Rules That Elimination Of An Option To Transfer A Profit-Sharing Plan Account Balance To A Defined Benefit Plan Does Not Violate The Anti-Cutback Rule
2010.10.11: ERISA-Eighth Circuit Rules That Death Benefit Was Paid In Accordance With The Terms Of The Plan
2010.10.11: ERISA-Eighth Circuit Rules That Death Benefit Was Paid In Accordance With The Terms Of The Plan
2010.10.08: ERISA-Iowa Court Upholds Calculation Of Disability Benefit By Plan Administrator
2010.10.06: Employment/Tax-IRS Issues Letter Discussing Underwithholding of Tax On Pension Payments
2010.10.05: Employee Benefits-EBSA Issues Guidance On The Application Of GINA To Health Risk Assessments
2010.10.04: ERISA-Ninth Circuit Applies Moench Presumption To Find That 401(k) Plan Fiduciaries Did Not Imprudently Invest In Employer Stock
2010.10.01: ERISA-Sixth Circuit Rules That Union's Release Of Claims Is Valid, So That Plaintiffs' Claim For Severance Pay Is Denied
2010.09.30: Employee Benefits-Small Business Jobs Act of 2010 Has Provisions Which Affect Employee Benefits
2010.09.29: Employment- Ninth Circuit Rules That New Employer Is Not A Successor In Interest For Purposes Of FMLA
2010.09.28: Employee Benefits-EBSA Provides FAQs On GINA
2010.09.27: Employee Benefits-IRS Requests Comments On New Nondiscrimination Requirements For Health Plans
2010.09.25: Employee Benefits-EBSA Issues FAQs On The Affordable Care Act
2010.09.24: Employee Benefits-DOL Announces Grace Period For Complying With New Rules For Internal Claims and Appeals Under The Affordable Care Act
2010.09.22: ERISA-Fifth Circuit Rules That Federal Law Allows United States To Garnish Employee's Contributions To/Benefits Under A State Pension Fund, Despite The Code's Antialienation Rule
2010.09.14: Employee Benefits-IRS Obsoletes Revenue Ruling Permitting Tax-Free Reimbursement of Over-The-Counter Drugs
2010.09.13: Employee Benefits-IRS Provides Guidance On Treatment Of Over-The-Counter Drugs Under The Affordable Care Act
2010.09.11: ERISA-Tenth Circuit Rules That Discovery Pertaining To Scope And Impact Of An Administrator's Conflict of Interest (As Claims Decider And Payor) May Be Appropriate
2010.09.09: Employment/Tax-IRS Releases Draft Of Form To Be Used To Calculate The Small Business Health Care Tax Credit
2010.09.07: ERISA-Third Circuit Upholds Lower Court Decision Granting Benefits Under A Program Providing Separation Benefits
2010.09.04: ERISA-Fifth Circuit Rules That Surgery To Alleviate Obesity Is Not Covered By A Medical Plan
2010.08.31: Employee Benefits-DOL Provides Tips To Individuals Whose COBRA Subsidy Is Expiring
2010.08.30: ERISA/Employee Benefits-DOL Issues Interim Federal Procedures For Reviewing Group Health Plan External Claims
2010.08.26: Employee Benefits-IRS Answers Questions About Employers Who Failed To Timely Adopt Or File A Determination Letter Request For A Pre-Approved Plan
2010.08.24: ERISA-Ninth Circuit Rules That Insurer's Decision To Stop LTD Benefits Was Reasonable
2010.08.20: Employment-PA Court Rules, In A Worker's Compensation Case, That There Is No Expectation Of Privacy When Praying In A House Of Worship
2010.08.18: Employment-8th Circuit Upholds Restrictive Covenants Against Former Employees/Shareholders
2010.08.16: ERISA-8th Circuit Rules That Physician's Extra Pay Is Overtime, And Is Therefore Excluded In Determining The Amount Of His Disability Benefit
2010.08.13: ERISA-7th Circuit Allows Correction of Scrivener's Error, Saving the Plan 1.67 Billion Dollars
2010.08.10: Compensation/Tax-IRS Rules That Employees Can Waive Salary Without Gross Income Inclusion
2010.08.09: Employment/Tax-NYS Department of Labor Says HIRE Act Tax Credit Is Available For Part-Timers
2010.08.07: ERISA/ Employee Benefits-DOL And Treasury Are Holding A Hearing On Issues Pertaining To Life Income Options For Retirement Plans
2010.08.05: ERISA-Eighth Circuit Reads Doctors' Letters To Support Conclusion of Permanent Disability
2010.08.04: Employee Benefits/Tax-IRS Says That An S Corporation Cannot Deduct Accrued Expenses for ESOP Participants
2010.08.03: ERISA-Seventh Circuit Rules That Trust Is Not Entitled To Receive Death Benefits From GE Plans
2010.08.01: ERISA-Ninth Circuit Rules That Plan Benefits Must Be Distributed In Accordance with Plan Documents
2010.07.30: The FLSA Provides Guidance On Break Time For Nursing Mothers Under Employment-DOL
2010.07.29: Employment/ERISA-Ninth Circuit Rules That A Career Agent Is An Independent Contractor For Purposes of Title VII (And Probably ERISA Too)
2010.07.28: Employee Benefits-No COBRA Subsidy For Terminations After May 31
2010.07.27: Employee Benefits-Government Issues Regulations On New Claims Review Procedures
2010.07.23: Employee Benefits-Government Issues Regulations On Preventive Care
2010.07.19: ERISA-DOL Issues Interim Final Regulation On Improved Fee Disclosure For Pension Plans
2010.07.09: ERISA-Fourth Circuit Determines That Insurer Abused Its Discretion In Terminating Employee's Long-Term Disability Benefits
2010.07.07: ERISA-DOL Adopts Amendment To Class Exemption Involving Qualified Professional Asset Managers
2010.06.30: ERISA-Seventh Circuit Provides Guidance On How To Avoid A Breach Of Fiduciary Duty
2010.06.29: Employee Benefits-EBSA Issues Model Notices For The Patient Protection, No Lifetime Limits And Dependent Coverage Until Age 26 Requirements Under The Affordable Care Act
2010.06.28: ERISA-Eighth Circuit Rules That Language In SPD Does Not Entitle Insurer To Deferential Review Of Its Claim Denial
2010.06.24: Employment-DOL Clarifies FMLA Definition Of Son And Daughter
2010.06.23: Employee Benefits-Government Issues Guidance On New Protections Under The Affordable Care Act
2010.06.21: Employee Benefits-IRS Extends Deadline For Restating Pre-Approved Defined Contribution Plans In A Federal Disaster Area
2010.06.17: ERISA-Department Of Labor Proposes To Amend Class Exemption For Transactions Involving In-House Asset Managers
2010.06.16: Employee Benefits-Government Issues Guidance On What Constitutes A Grandfathered Plan Under New Health Care Rules
2010.06.14: Employment-10th Circuit Finds No Vacant Position Available To Accommodate A Disabled Employee Under the ADA
2010.06.11: ERISA-U.S. Department of Labor Issues Final Rule On Pension Distributions Under Qualified Domestic Relations Orders
2010.06.10: ERISA-Sixth Circuit Holds That Cap Limits Retiree Health Care Contributions
2010.06.09: ERISA-Third Circuit Reveal Some Pitfalls In Disability Cases.
2010.06.04: Employment/Tax-IRS Reminds Us That Recent Legislation Offers Special Tax Incentives for Small Businesses to Provide Health Care And Hire New Workers
2010.05.27: ERISA-Sixth Circuit Upholds An Action For Pension Benefits Based On Equitable Estoppel
2010.05.26: ERISA-Supreme Court Announces New "Some Degree of Success" Standard For Award Of Attorney's Fees Under ERISA
2010.05.25: Employee Benefits-IRS Says That 2011 Limits/Thresholds For HSAs Are The Same As For 2010
2010.05.24: Employment-Eleventh Circuit Upholds Non-Competition And Non-Solicitation Covenant
2010.05.20: Employee Benefits-IRS Issues Final Regulations On Diversification Requirements For Defined Contribution Plans Holding Publicly Traded Employer Stock
2010.05.19: Employment/Tax-IRS Issues Revised Payroll Tax Form That Employers May Use To Claim Payroll Tax Exemption For New Hires
2010.05.19: Employment-Seventh Circuit Rules That Plaintiff May Proceed With Interference and Retaliation Claim Under the FMLA
2010.05.18: Employee Benefits-IRS Provides Guidance On New Tax Credit For Health Insurance Contributions
2010.05.12: Employee Benefits-Government Issues Interim Regulations Relating To Coverage Of Children Up To Age 26
2010.05.11: Employment-DOL Provides Guidance On New Rule Requiring A Health Plan To Cover Children To Age 26
2010.05.10: Employment-New York Court Of Appeals Rules That The Faragher-Ellerth Defense Does Not Apply Under New York City Law
2010.05.08: Employment-DOL Revises Web Tool To Help Veterans Navigate Web Resources
2010.05.06: Employment-DOL Provides A New Web Tool TO Help Employers Understand Disability Laws
2010.05.04: Employee Benefits-IRS Provides Guidance For Determining Average Premiums For Purposes Of The New Small Employer Health Insurance Tax Credit
2010.04.29: Employee Benefits-IRS Provides Guidance On Tax Treatment Of Health Care Benefits Provided To Children Under Age 27
2010.04.28: Employee Benefits-EBSA Updates Its COBRA Page To Reflect The COBRA Subsidy Extension Under The Continuing Extension Act of 2010
2010.04.26: Employee Benefits -IRS Reminds Us That The April 30, 2010 Deadline For Adopting And Filing Pre-Approved Defined Contribution Plan Is Approaching
2010.04.22: ERISA-Supreme Court Rules That Deferential Standard Of Review Applies To A Plan Administrator's Interpretation of the Plan, Even If An Earlier Interpretation Violated ERISA.
2010.04.19: Employee Benefits-COBRA Subsidy Extended Again!
2010.04.14: Employment-Third Circuit Rules That Employers Could Be Required To Accommodate A Disabled Employee's Commuting Difficulties Under The ADA
2010.04.12: Employee Benefits/Tax-Still Time (3 Days) To Make IRA Contributions
2010.04.09: Employment-Seventh Circuit Upholds Termination Under Employer's "No-Fault Attendance Policy" Against Claim Of Retaliation Under The FMLA
2010.04.08: Employment/Tax- IRS Provides Help For Claiming Special Payroll Tax Exemption For New Hires
2010.04.07: ERISA-Eleventh Circuit Rules That Employer's Absence Of Knowledge Causes Employee's Claims of FMLA Retaliation And Interference and ERISA Inteference To Fail
2010.04.06: Employee Benefits/Tax-IRS Provides One Page On Its Webiste To Provide Information On The Small Business Health Care Tax Credit
2010.04.02: Employee Benefits/Tax: IRS Says That Tax Credit Helps Small Employers Provide Health Insurance Coverage
2010.03.30: Employee Benefits-IRS Announces Issuance of Opinion And Advisory Letters, And Opening Of The EGTRRA Determination Letter Program, For Pre-Approved Defined Benefit Plans
2010.03.26: Employee Benefits-IRS Reminds Us That The Failure To Distribute Excess Deferrals May Lead To Plan Disqualification Or Double Taxation
2010.03.24: Employee Benefits-IRS Provides Guidance On Rollovers To Roth IRAs
2010.03.23: Employee Benefits-EBSA Updates Materials To Reflect Extension Of COBRA Premium Subsidy Under TEA
2010.03.23: Employment-Third Circuit Holds That An Employee Seeking FMLA Leave May Prove Her More Than Three Days Of Incapacity Through A Combination Of Expert Medical And Lay Testimony
2010.03.22: ERISA-Fifth Circuit Upholds Summary Judgment For Plaintiff's Claim For Disability Benefits, Based On Insurer's Failure To Consider Social Security Administration's Determination That Plaintiff Is Disabled
2010.03.19: Employment/Tax-Congress Provides Two New Tax Benefits To Aid Employers Who Hire And Retain Unemployed Workers
2010.03.19: Employee Benefits-IRS Issues 2010 List of Tax Scams, Including Those Involving Retirement Plans
2010.03.18: Employee Benefits-DOL Issues Model COBRA Notices Reflecting Extension Of COBRA Subsidy
2010.03.13: Employee Benefits-EBSA Provides Guidance On The COBRA Subsidy, As Recently Extended
2010.03.10: Employee Benefits-IRS Offers Some Guidance On Catch-Up Contributions
2010.03.09: ERISA-DOL Issues Advisory Opinion On Whether The Assets Held In The TIAA-CREF "Traditional Annuity" Are Plan Assets
2010.03.06: Employee Benefits-New Wrinkle To COBRA Subsidy
2010.03.05: Employment-Ninth Circuit Rules That Plaintiff May Receive Front Pay, And Possibly Liquidated Damages, For Termination In Violation Of The FMLA
2010.03.04: Employee Benefits-Eligibility For COBRA Subsidy Is Extended For One Month
2010.03.04: Employee Benefits-Eligibility For COBRA Subsidy Is Extended For One Month
2010.03.03: Employment-Second Circuit Rules That Faragher/Ellerth Defense Does Not Automatically Apply Even Though Plaintiff May, But Fails To, Complain To Some One Other Than A Harassing Supervisor
2010.03.02: ERISA-EBSA Issues Fact Sheet On Request For Information On Lifetime Income Options For Retirement Plans
2010.03.01: ERISA-EBSA Issues Fact Sheet On Proposed Regulation to Increase Workers' Access to High Quality Investment Advice
2010.02.25: Employment-Second Circuit Rules That Statements Made In Applications For Disability Benefits Do Not Prevent Claim Under ADA
2010.02.24: ERISA-EBSA Announces Outreach And Compliance Assistance For 403(b) Plans
2010.02.23: ERISA-EBSA Issues Guidance On Annual Reporting For 403(b) Plans
2010.02.22: Employee Benefits-EBSA Posts An Updated Application For Expedited Review Of Denial Of COBRA Premium Reduction
2010.02.18: Employee Benefits-Eighth Circuit Denies Deduction For Company Cash Payments Used To Redeem ESOP Stock and Pay Out Participants.
2010.02.15: ERISA-Sixth Circuit Rules That Equitable Lien Does Not Attach To Social Security Benefits
2010.02.10: ERISA-Third Circuit Rules That An Amendment To A Welfare Plan Violates ERISA's Anti-Cutback Rule
2010.02.09: ERISA-EBSA Announces That It Has Published A Model Notice To Use Regarding Eligibility For Medical Assistance Under Medicaid Or The Children's Health Insurance Program
2010.02.04: Employment-Tax Court Rules That Proceeds From A Settlement Agreement Are Not Taxable Under Section 104(a)
2010.02.03: Employee Benefits-DOL Adds Fact Sheet On The Mental Health Parity and Addiction Equity Act of 2008 ("MHPAEA") To Its Website; Regulations Implementing MHPAEA Are Being Published
2010.02.02: Emloyment-3rd Circuit Rules That Helicopter Pilots Are Entitled To Overtime Pay
2010.01.26: ERISA-9th Circuit Rules That ERISA/Code Survivor Protections Do Not Carry Over To An IRA
2010.01.25: Employee Benefits-IRS Guidance On Heart Act Distributions To Military Personnel
2010.01.22: Employee Benefits-IRS Issues Guidance On Heart Act Rules
2010.01.19: ERISA-DOL Clarifies That Deadline For Depositing Contributions (Including New Safe Harbor) Applies to Plan Loan Repayments
2010.01.14: ERISA-DOL Issues Final Safe Harbor Rule On Deadline For Depositing Employee Contributions In Small Employee Benefit Plans
2010.01.14: Employee Benefits-Notices Must Be Provided For Extended COBRA Subsidy
2010.01.13: Employee Benefits-DOL Adds New FAQs On Extension Of COBRA Subsidy To Its Website
2010.01.11: ERISA-DOL Announces That EFAST2 Is Operational
2010.01.08: Employment-Court of Appeals For The District of Columbia Circuit Rules That Auto Damage Adjusters Are Exempt From FLSA Overtime Rules
2010.01.06: Executive Compensation- IRS Issues Procedures To Correct Section 409A Document Failures
2009.12.30: ERISA-Seventh Circuit Overturns A Plan Administrator's Benefit Denial, Since The Plan Administrator Ignored Important Evidence Submitted By The Participant
2009.12.29: Employee Benefits-IRS Provides Guidance On Conversions To Roth IRAs
2009.12.28: Employee Benefits-The DOL Issues A Fact Sheet Which Discusses The Extension Of The COBRA Premium Reduction Subsidy
2009.12.23: ERISA-Third Circuit Rules That A Plaintiff's Release Is Not Void Under ERISA As Being Against Public Policy, And Does Not Bar The Plaintiff From Bringing a Lawsuit Under ERISA
2009.12.22: Employee Benefits-U.S. Federal Circuit Court of Appeals Rules That A VEBA May Not Avoid Income Tax By Claiming That It Used Investment Income To Pay Members' Benefits
2009.12.21: Employee Benefits-Congress Extends COBRA Premium Reduction Subsidy
2009.12.17: Executive Compensation-IRS Provides Guidance On Application Of Section 409A To Changes To Nonqualified Deferred Compensation Plans Made To Comply With An Advisory Opinion Of The Office Of The Special Master For TARP Executive Compensation
2009.12.16: Employee Benefits-IRS Extends Deadline For Adopting Certain Amendments For Pension Protection Act And WRERA Requirements
2009.12.15: Employee Benefits-IRS Issues 2009 Cumulative List of Changes in Plan Qualification Requirements
2009.12.15: Employee Benefits-IRS Delays Effective Date On Rules Pertaining To Use Of Credit/Debit Cards To Provide Qualified Transportation Fringes
2009.12.14: Employee Benefits-IRS Announces A Remedial Amendment Period and Safe Harbor Reliance Rules for 403(b) Plans
2009.12.11: ERISA-DOL Advises That Assets of Target-Date or Lifecycle Mutual Funds, Which Consist Of Shares Of Affiliated Mutual Funds, Are Not "Plan Assets"
2009.12.08: Employee Benefits-DOL Advises That An IRA Owner, Who Provides A Security Interest In His Personal Accounts To Cover The IRA's Debts, Causes A Prohibited Transaction
2009.12.07: ERISA-Second Circuit Upholds District Court's Dismissal Of Plaintiff s' Claims Of Breach Of Fiduciary Duty Stemming From Savings Plan Investments and Fees
2009.12.02: Employment- EEOC Assumes New Area of Jurisdiction to Protect Confidentiality of Genetic Information
2009.12.02: Employment-Second Circuit Rules That A Product Design Specialist Is Entitled To Overtime
2009.12.01: ERISA-Eighth Circuit Holds That A Plaintiff Alleging Breach of Fiduciary Duty By Causing A 401(k) Plan To Have Excessive Fees-Due To "Revenue Sharing" Among Other Things- States A Claim For Relief Under ERISA
2009.11.30: Employment-DOL Announces An Updated Version Of Its Employment Law Guide
2009.11.25: Employment-Second Circuit Rules That An Underwriter Is Entitled To Overtime Pay
2009.11.25: Employee Benefits-IRS Announces The Temporary Closing of the Determination Letter Program for Adopters of Pre-Approved Defined Benefit Plans
2009.11.24: Employee Benefits-New York's Highest Court Rules In Favor Of Same-Sex Benefits
2009.11.23: Employee Benefits-Reminder: November 30 Deadline Approaches For Using IRS Relief For 2009 Required Minimum Distributions
2009.11.20: ERISA-DOL Now Withdraws Investment Advice Rules
2009.11.18: ERISA-DOL Again Delays The Effective Date Of The Investment Advice Rules
2009.11.13: Employment-OSHA Provides Information On H1N1 Influenza Precaution and Protection For The Workplace
2009.11.13: ERISA-Seventh Circuit Holds That A Plan Amendment Does Not Violate ERISA's Anti-Cutback Rule
2009.11.12: ERISA-Tenth Circuit Rules That Plaintiff Is Not Entitled To Benefits Because She Was Not On The Company's Payroll
2009.11.11: ERISA-Mass. High Court Rules That ERISA Preempts A Claim Based On Unjust Enrichment
2009.11.10: Employment-NY Issues New Forms For Notifying New Hires of Rates of Pay/Overtime
2009.11.06: Executive Compensation-Deadline For Amending Bonus Plans Is Approaching
2009.11.04: ERISA-Eighth Circuit Rules That A Participant In A Defined Benefit Plan Cannot Sue The Fiduciaries For Investment Losses And Excess Fees When The Plan Is Overfunded
2009.11.03: ERISA-Tenth Circuit Rules That A Plan Administrator's Decision To Deny Benefits Must Be Reviewed De Novo Since It Was Not Made By The Plan's Deadline
2009.10.29: Employment-EEOC Revises Its "EEO is the Law" Poster
2009.10.22: Employment-Letter From EEOC Says That Health Risk Assessment Violates The ADA
2009.10.20: Employment-Second Circuit Rules That The Plaintiff Has Made Out A Prima Facie Case Of Age Discrimination (But His ERISA Claim Fails)
2009.10.19: Employee Benefits-Social Security Announces That There Will Not Be Any Cost-of-Living Increase to Social Security Benefits Or Taxable Wage Base for 2010
2009.10.19: Employee Benefits-IRS Announces Pension Plan Limits for 2010
2009.10.16: Employee Benefits-IRS Reminds Us That It Has Issued Final Regulations on Funding and Benefit Restrictions for Single Employer Defined Benefit Plans
2009.10.14: ERISA-Second Circuit Rules That Oral Promises Cannot Vary The Terms Of A Pension Plan
2009.10.13: Employment-More Lessons From Erdman
2009.10.08: Employment-Seventh Circuit Rules That Plaintiff Has Made Out An ADA Claim Of Failure To Accommodate
2009.10.07: Employee Benefits-DOL Says That IRA Distributions To A Trust, And Commissions Paid From The Trust, Are Not Prohibited Transactions
2009.10.05: Employment-Government Issues Final Rules On GINA
2009.10.05: Employment-DOL Provides Fact Sheet On GINA
2009.10.01: Employee Benefits-IRS Clarifies That Periodic Payments From A Plan or IRA Should Not Stop, Despite Waiver of 2009 Required Minimum Distributions
2009.09.30: Employment-Ninth Circuit Rules That A Physical Capacity Evaluation Is A Medical Exam For ADA Purposes
2009.09.29: ERISA-Sixth Circuit Uses De Novo Review To Overturn Plan Administrator's Denial Of Benefits
2009.09.25: Employment-Third Circuit Permits Interference and Retaliation Claim Under The FMLA Even Though The Employee Had Not Taken Any Time Off
2009.09.24: Employee Benefits-IRS Provides Guidance On Waiver Of 2009 Required Minimum Distributions, Including Sample Plan Amendments
2009.09.23: Employee Benefits-IRS Provides Guidance On Contribution Limits For 401(k)/Defined Contribution Plans
2009.09.22: Employment-Eighth Circuit Finds That Plaintiff's Evidence Of An ADEA Violation Is Sufficient To Overturn Summary Judgment Against Her Granted By Lower Court
2009.09.21: Employment-EEOC Approves Proposed ADA Regulations for Public Comment
2009.09.18: Employee Benefits-IRS Introduces Retirement Plans Navigator
2009.09.17: Executive Compensation-IRS Says That Salary Advances Could Be Subject to Constructive Receipt, But If Not Could Result In A Violation Of Section 409A
2009.09.17: ERISA-Ninth Circuit Upholds One-Year Limit On Bringing Suit Contained In The Summary Plan Description
2009.09.16: ERISA-Third Circuit Rules That Retiree Health Benefits Vest Even Though Summary Plan Descriptions Contain Reservation of Rights Clauses
2009.09.15: Employment-Second Circuit Holds That Employer Can Be Liable Under ADEA For Actions Of Independent Contractor
2009.09.14: Employee Benefits-IRS Says That Unused Paid Time Off May Be Contributed To A Qualified Plan
2009.09.13: Employment-New York Employers Must Provide New Employees With Written Notice of Rate of Pay And Overtime Rate
2009.09.11: Employment-IRS Provides Information On Making Work Pay Tax Credit
2009.09.11: Employee Benefits-IRS Provides Guidance And Sample Amendments For Automatic Contribution Arrangements
2009.09.10: Employee Benefits-IRS Issues New 402(f) Safe Harbor Notices And Other Guidance On Rollovers
2009.09.09: ERISA-DOL Provides Guidance On Using A Mutual Fund's Summary Prospectus To Satisfy ERISA Section 404(c)
2009.09.01: ERISA-Seventh Circuit Discusses Role of Conflict of Interest In Review Of A Fiduciary's Decision To Deny Benefits
2009.08.28: Employee Benefits-IRS Posts A Reminder That COBRA Subsidy Recipients Who Later Become Eligible For Other Group Health Coverage Should Notify Their Plan To Avoid A Penalty
2009.08.28: Employment-New York Appellate Court Holds That A Disabled Employee's Request For Leave Must Be Treated As A Request For Reasonable Accommodation, So That The Employer Must Engage In Interactive Discussion With The Employee Before Denying The Leave
2009.08.27: Employment-New York State Requires Health Care Workers To Get Flu Shots
2009.08.27: Employment-District Court Holds That Requiring An Employee to Produce A Doctor's Note For Medical Absences On Three Day's Notice Violates FMLA
2009.08.25: ERISA-District Court Extends 404(c) Protection To A Directed Trustee Of A 401(k) Plan, So That The Trustee Will Not Have Liability For Losses Caused By An Investment Advisor
2009.08.24: Employment-Sixth Circuit Case Illustrates That Close Proximity Of Firing An Employee To The Employee's Filing A Charge Against The Employer Can Help Establish A Prima Facie Case of Retaliation Under Title VII
2009.08.21: Employment-IRS Offers Tips On Determining Whether A Worker Is An Independent Contractor Or An Employee
2009.08.18: Employee Benefits-IRS Provides Guidance On Taking Withdrawals From Retirement Plans
2009.08.17: ERISA-Tenth Circuit Case Illustrates How To Build A Record To Support An Insurer's Decision To Deny Benefits
2009.08.14: Employee Benefits-IRS Seeks Comments On New Combined 401(k)/Defined Benefit Plans
2009.08.13: ERISA-Second Circuit Finds That Company Officer Is Not An ERISA Fiduciary, But Is Still Liable For Unpaid Plan Contributions Resulting From Dishonored Checks He Signed
2009.08.11: Employee Benefits-Congressman Makes Certain Information About Health Care Reform Available
2009.08.10: ERISA-Seventh Circuit Sends Case Back To District Court To Deal With Conflict Of Interest
2009.08.10: ERISA-Ninth Circuit Rules That ERISA Fiduciary Responsibility Can Apply To Company Decisions
2009.08.06: ERISA-Seventh Circuit Uses A Deferential Review To Uphold An Insurer's Decision to Terminate LTD Benefits
2009.08.04: Employee Benefits-Governor Paterson Signs A Law To Extend "Mini COBRA" To 36 Months For New Yorkers
2009.08.04: Employee Benefits-Governor Paterson Signs A Law To Allow Dependent Children To Remain Covered Under The Employer's Health Plan Through Age 29 In New York.
2009.08.03: Employment-Ninth Circuit Rules That Casino Managers Could Be Liable For Unpaid Wages under the FLSA
2009.08.01: Executive Compensation-The Latest On Say On Pay Legislation
2009.07.31: Employment-A Good Question: The Second Circuit Asks the New York Court of Appeals Whether The Faragher-Ellerth Defense Is Available Under The New York City Human Rights Law
2009.07.29: ERISA-Sixth Circuit Rules That CBA Provides Lifetime Health Care Benefits, But Remands Case To Determine The Scope Of Those Benefits
2009.07.28: Employee Benefits-IRS Is Concerned About Tax Scams Involving Retirement Plans
2009.07.28: ERISA-The Sixth Circuit Rules That A Program of Insured Benefits To Which An Employer Pays The Premiums For At Least One Employee Is Subject To ERISA As To All Employees
2009.07.27: ERISA-Seventh Circuit Holds That Letters Denying A Claim For Disability Benefits Without Refuting Contrary Evidence Were Not Sufficient To Support Summary Judgment
2009.07.27: Employee Benefits-Tax Court Case Reminds Us To Be Careful With Plan Loans
2009.07.24: Employment-Today is July 24-Remember To Put Up Posters Showing The New Minimum Wage Rate
2009.07.24: Employment-New York Reports Highest Unemployment Rate In The State Since 1992
2009.07.23: ERISA-Tenth Circuit Holds That The Plan Fiduciary Is Not Liable For The Employer's Failure To Adequately Fund A Medical Benefits Plan
2009.07.22: Employee Benefits-Third Circuit Rules That Payments To An ESOP To Redeem Stock Are Not Deductible Due To Code Section 162(k)(1)
2009.07.22: ERISA-Tenth Circuit Determines That Elimination Of A Pension Plan's Death Benefit Does Not Violate ERISA's Anti-Cutback Rule
2009.07.20: ERISA-DOL Offers Some Relief On Form 5500 Reporting Requirements For 403(b) Plans
2009.07.19: Employment-EEOC Provides Guidance On Understanding Waivers Of Discrimination Claims In Employee Severance Agreements
2009.07.17: ERISA-District Court Dismisses Stock Drop Case Against Computer Sciences Corp.
2009.07.16: ERISA-Ninth Circuit Finds That A Participant Has Standing To Sue Under ERISA Even Though His Benefit Has Been Paid
2009.07.15: ERISA-Ninth Circuit Applies Abuse Of Discretion Standard To Uphold A Plan Administrator's Identification Of A Top Hat Plan's Beneficiary
2009.07.14: ERISA-Second Circuit Upholds Time Period Imposed By Plan For Bringing Suit
2009.07.13: Employment-New Jersey Court Rules That An Employee's E-Mails Exchanged With Her Attorney Over The Employer's Computer System Is Subject To Attorney-Client Privilege
2009.07.09: ERISA-District Court Rules That Wachovia Did Not Violate ERISA By Announcing A Merger Of Investment Funds
2009.07.09: Employment-Sixth Circuit Rules That The Anti-Retaliation Provision Of Title VII Does Not Create A Cause of Action For An Individual Who Has Not Personally Engaged In A Protected Activity
2009.07.08: Employment-Third Circuit Rules That Knowledge Of Employees Below Management Level May Not Be Imputed to Employer For Purposes OF Imposing Liability Under Title VII
2009.07.07: Employee Benefits-IRS Finds That A Transfer Out Of An IRA Results In A Modification To A Series of Substantially Equal Payments Triggering 10% Penalty, While Tax Court Concludes Differently On A Withdrawal to Pay Higher Education Expenses
2009.07.07: Employment-Federal And New York State Minimum Wage Rate Will Increase Effective July 24
2009.07.06: Employee Benefits-IRS Revises The Web Page For Its EP Large Case Program
2009.07.02: Employee Benefits-IRS Reminds Us That SIMPLE IRA Plans Cannot Be Terminated Once The Year Has Started
2009.07.01: Employment-DOL Settles Lawsuit For Back Wages And Damages Against Car Washes For $3.4 Million: Employers Beware-More Action May Be Coming From The DOL
2009.07.01: ERISA-District Court Rules That A Waiver Of A Qualified Joint and Survivor Annuity Can Be Challenged Based On The Fiduciary's Breach of Duty To Disclose Material Information
2009.06.30: Employment-IRS Confirms Availability Of Making Work Pay Credit For Married Couple Filing Jointly.
2009.06.30: Employment-U.S. Supreme Court Rules That New Haven Discriminated Against White Firefighters
2009.06.29: Employment-IRS Reminds Taxpayers To Check Amounts Being Withheld As Federal Income Tax From Pay And Pensions
2009.06.29: ERISA-7th Circuit Narrows Its Ruling In Hecker v. Deere On Scope Of Section 404(c) Protection
2009.06.26: Employment- A Reminder: New Jersey Paid Leave Starts On July 1!
2009.06.22: ERISA-District Court Rules That ERISA Section 404(c) Protects Employer And Plan Fiduciaries Against Liability For Continuing An Employer Stock Fund
2009.06.19: Employment-U.S. Supreme Court Makes It Harder For An Employee To Sue Under The ADEA
2009.06.19: Employee Benefits-DOL Requests Additional Comments Pertaining To Procedures For Review Of Denial Of COBRA Subsidy
2009.06.17: Employee Benefits-IRS Changes Its Position: No Tax On Personal Use of Employer-Provided Cell Phones
2009.06.16: ERISA-The Obligation To Collect Employer Contributions-Potential Liability For Trustees
2009.06.15: Employee Benefits-IRS Proposes To Simplify The Rules For Substantiating The Business Use of Employer-Provided Cell Phones
2009.06.15: Employee Benefits-IRS Adds More Information On New COBRA Subsidy To Its
2009.06.12: Executive Compensation-IRS Issues Guidance on TARP Rules For Executive Compensation and Corporate Governance
2009.06.11: Executive Compensation-Treasury Expresses Its Thoughts On How Executive Compensation Should Be Improved
2009.06.10: Executive Compensation: IRS ClarifiesThat TARP Transaction Is Not A Code Section 409A Payment Event
2009.06.10: Employee Benefits-CMS Makes Available Application To Review Denials of COBRA Subsidy
2009.05.22: ERISA-Yet Another Delay Of The Effective Date Of The DOL Regulations Permitting Professional Investment Advice
2009.05.22: Employee Benefits-DOL Application For Review Of Failure To Provide COBRA Subsidy Is Now Ready For Use
2009.05.19: Employee Benefits-Pennsylvania Insurers Will Be Required To Continue Health Care Coverage For Dependents
2009.05.19: Employee Benefits-IRS Allows Employers To Stop Making Safe Harbor Nonelective Contributions
2009.05.14: IRS Issues New Tables To Make Up For Under Withholding on Pension Payments
2009.05.12: Employment-DOL Clarifies Employee Notification Procdures Under The FMLA
2009.05.09: Employment-EEOC Issues Guidance On ADA-Compliant Action By Employers For Handling Swine Flu
2009.05.09: Employee Benefits-DOL Proposes Application Form On Which Claims For Denied COBRA Subsidy May Be Filed
2009.05.08: Employment-EEOC Says (Informally) That A Health Risk Assessment Violates The ADA
2009.05.07: ERISA-PBGC Offers Calming Words About The New Funding Notice
2009.05.05: Employee Benefits-Connecticut Joins Efforts To Clean Up Public Retirement Funds
2009.05.05: ERISA-Eighth Circuit Applies Supreme Court's Standard Of Fiduciary Review To Find Unum Liable For Disability Benefits: Is This Part Of A Trend?
2009.05.04: Employee Benefits-More On Public Retirement Fund Scandals
2009.05.01: ERISA-Current Status of Chrysler Pension Plans Explained
2009.04.29: Employment Law-Employers Should Be Prepared For The Swine Flu
2009.04.28: Employee Benefits-IRS Provides Helpful Explanation of HSAs
2009.04.25: ERISA- Congressmen Andrews and Miller Introduce Legislation To Require Improved Fee Disclosure To 401(k) Plan Participants
2009.04.24: ERISA-Congressman Andrews Introduces Legislation To Prevent Giving Conflicted Investment Advice To Plan Participants
2009.04.23: Employee Benefits-New York State Controller Bans Involvement Of Placement Agents And Others In Connection With Investments Made By The New York State Common Retirement Fund (CRF)
2009.04.22: Employment-IRS Announces Changes to 2009 Publication 15 (circular E), Employer Tax Guide, Which Refer To New Tax Withholding Tables
2009.04.19: Is It Becoming Easier To Find that Retiree Health Benefits Have Vested?
2009.04.16: ERISA-Next Up: Annual Funding Notice Due April 30!
2009.04.15: Employee Benefits-News on 403(b) Plans: Compliance With Written Plan Requirement
2009.04.14: Employee Benefits-IRS Cautions Against Tax Scams Using Retirement Plans
2009.04.13: Employee Benefits-Reminder On New Rules For Reporting Distribution of Excess Contributions/Excess Aggregate Contributions
2009.04.10: IRA Contributions For 2008-Its Not Too Late!
2009.04.05: Reminder For All Employers-New Form I-9 Must Be Used On And After April 3
2009.04.04: Employee Benefits-DOL Updates Its Guidance on Model Notices for New COBRA Subsidy
2009.04.01: IRS Issues Guidance on COBRA Premium Subsidy
2009.03.31: Employment Law Could Become More Complex With Paid Family and Medical Leave Act
2009.03.27: New IRS Tax Withholding Tables Need To Be Used by April 1!
2009.03.25: New Rules Allowing Special Enrollment in Group Health Plans Become Effective April 1!
2009.03.24: April 18 Deadline For New COBRA Notices Is Approaching!
2009.03.23: Employee Benefit Plans and IRAs-Minimum Required Distributions Must Be Taken By April 1!
2009.03.22: About The Author

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Published by New York, New Jersey ERISA Attorney :: Employee Benefits Lawyer :: Stanley D. Baum, Counsel at Lerner Law Firm & Associates

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Stanley D. Baum, Counsel at Lerner Law Firm & Associates