This Littler Lightbulb highlights some of the more significant employment law developments at the U.S. Supreme Court and federal courts of appeal in the last month.
Fiduciaries of retirement plans continue to be plagued by class actions brought under the Employee Retirement Income Security Act (ERISA) challenging their fiduciary management of investment options and participant fees.
A recent federal appeals court case clarifies that, under ERISA, the regulations governing disability plans’ claims review procedures apply to claims that predate the 2018 changes to the regulations.
Lawsuits against employers offering retirement benefit plans have been on the rise. Recent suits, discussed in this update, have provided some guidance for employers.
The First Circuit recently ruled that an insurer owes a fiduciary duty to all employees enrolling in group benefit plans to verify eligibility for coverage at or near the time of enrollment under ERISA.
A new rule clarifies how and when fiduciaries of retirement plans subject to ERISA can make investment decisions that promote environmental, social, or governance (ESG) goals or otherwise reflect ESG considerations.
On October 14, 2022, the Pension Benefit Guaranty Corporation, the federal agency that insures and regulates private-sector defined benefit pension plans under Title IV of the ERISA, published a proposed rule governing employer withdrawal liability.
On July 8, 2022, the D.C. Circuit held that the assumptions used by a multiemployer defined benefit pension plan in calculating the amount of withdrawal liability owed by an exiting employer must reflect the actual and projected experience of the plan.
The Employee and Retiree Access to Justice Act seeks to ban arbitration and discretionary clauses in employer-sponsored benefit plans governed by the Employee Retirement Income Security Act (ERISA).
