In November 2018, Senator Ron Wyden (D-OR) released a discussion draft of the Consumer Data Protection Act (the “Act”), which would empower the Federal Trade Commission (the “FTC”) to regulate data privacy practices, sanction companies and their senior executives for improper practices regarding personal information, and provide consumers with better […]
Publications
GDPR Enforcement Update
In the months since the General Data Protection Regulation (“GDPR”) went into effect on May 25, 2018, data protection authorities (“DPAs”) have received thousands of complaints from European Union (“EU”) residents. The European Data Protection Board, an independent data protection authority based in the EU, reported that more that 42,000 […]
Unintended Consequence of Tax Cuts and Jobs Act Tightens Up 401(k) Hardship Distribution Rules; Budget Act Eases Restrictions
For retirement plans that authorize hardship distributions, plan sponsors should be cognizant of the impacts the Tax Cuts and Jobs Act (the “TCJA”) and the Bipartisan Budget Act (the “Budget Act”) may have on plan administration related to such distributions. First, the TCJA may indirectly affect plan administration in light […]
Are Your Free or Discounted Flu Shots to Employees Compliant with the ACA?
As the inevitable cold and flu season approaches, many employers are looking for ways to provide free or discounted flu shots to their employees. What many employers do not consider is whether the offering of free or discounted flu shots (or similar benefits) is subject to the Affordable Care Act […]
Recent IRS Guidance Provides Options for Employers in Addressing Employee Student Loan Debt While Helping Employees Save for Retirement
On August 17, 2018, the Internal Revenue Service (IRS) published a private letter ruling to address an employer’s ability to provide a student loan repayment benefit in its 401(k) plan. In the ruling, the IRS authorized an employer’s proposed amendment to its 401(k) plan which provided for employer student loan […]

