In August, the Department of Labor issued an interim final rule (the “Rule”) implementing the requirement that defined contribution retirement plans provide participants with lifetime income disclosures each year. The rule comes in response to the Setting Every Community Up for Retirement Enhancement Act of 2019 (the “SECURE Act”), passed […]
Labor & Employment Law Update
Recent US Supreme Court Ruling Allows Employers to Opt Out of Birth Control Coverage
On July 8, 2020, in a 7-2 ruling, the US Supreme Court held in Little Sisters of the Poor v. Pennsylvania that employers with a “religious or moral objection” to contraceptives may opt out of providing contraceptive coverage to their employees, without penalty, under the Affordable Care Act (ACA). The […]
Department of Labor Publishes RFI and Releases Simplified FMLA Forms
On July 16, 2020, the U.S. Department of Labor (“DOL”) announced that it will publish a Request for Information (“RFI”) in the Federal Register seeking public feedback on the administration and use of the Family and Medical Leave Act (“FMLA”). At the same time, the DOL released simplified FMLA forms […]
Recent US Supreme Court Decision Impacts Employee Benefits
On June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that, under Title VII of the Civil Rights Act of 1964, employers cannot discriminate on the basis of sexual orientation or gender identity. Title VII protects employees, at companies with 15 or more employees, from discrimination […]
DOL’s New Proposal to Limit ESG Investments
On June 23, 2020, the Department of Labor introduced a new proposed rule to better define plan fiduciaries’ duties under ERISA involving environmental, social, and governance (“ESG”) factors in investment decisions. The proposed rule embodies much of the DOL’s prior guidance about the issue, but it also adds a few […]