We are pleased to announce the release of the inaugural edition of the quarterly Benefits Litigation Update (“Update”) – a joint project between Epstein Becker Green and The ERISA Industry Committee (ERIC), a non-profit association committed to representing the advancement of the employee retirement, health, and compensation plans of America’s largest employers. The Update is… Continue Reading
Category Archives: Employee Benefits/ERISA-Related Litigation
Subscribe to Employee Benefits/ERISA-Related Litigation RSS FeedPoorly Crafted Wellness Programs Could Make Employers Sick
Kara Maciel, Member of the Epstein Becker Green Labor and Employment, Litigation, and Health Care and Life Sciences Practices, was recently interviewed by Employment Law360 concerning employer wellness programs. According to the article, businesses are turning to wellness programs to curb health care expenses, but programs that aren’t carefully crafted can open employers up to… Continue Reading
Retirement Plans: New Effective Dates for Service Provider and Participant-Level Fee Disclosures
On February 2, 2012, the U.S. Department of Labor (“DOL”) issued final regulations under Section 408(b)(2) of ERISA (the “Final 408(b)(2) Regulations”), which requires “covered service providers” to disclose to “responsible plan fiduciaries” (including employer plan sponsors and plan administrators) certain direct and indirect compensation they receive in connection with the services that they provide… Continue Reading
New York Home Care Worker Wage Parity Act Takes Effect on March 1, 2012
Medicaid home care aide services providers need to act quickly to avoid the risk of non-payment for services. The New York State Home Care Worker Parity Act, Public Health Law § 3614-c, establishes minimum “total compensation” requirements for “home care aides” who perform Medicaid-reimbursed work for certified home health agencies (“CHHAs”), long term home health care… Continue Reading
U.S. Department of Labor Cracks Down on MEWAs
On December 6, 2011, the U.S. Department of Labor (“DOL”) issued a proposed rule on Form M-1 filing requirements, a proposed rule on DOL ex parte cease and desist orders, a notice of proposed form revision to Form M-1 and a notice of proposed form revision to Form 5500 implementing new requirements for multiple employer welfare arrangements (“MEWAs”) under… Continue Reading
Health Care M&A: Unwary Asset Purchasers May Take On Unwanted Employment-Related Liabilities.
Acquirers of businesses often prefer to buy the assets of a seller, rather than the stock, to avoid assuming the seller’s liabilities. Indeed, the general common law rule is that a purchaser of assets does not assume the seller’s liabilities absent an agreement to do so, fraud or other inequitable conduct between the parties, whereas… Continue Reading