BW INSIGHTS

Supreme Court Tightens Standards for NLRB Injunctive Relief

By Danielle Smid | 07.03.2024
The National Labor Relations Board (NLRB) is an independent federal agency tasked with safeguarding employees' rights and addressing unfair labor practices by employers. In the recent Supreme Court case Starbucks Corp. v. McKinney, 144 S. Ct. 1570 (2024), the Court's 8-1 decision imposed the stricter traditional four-factor test for granting... Read More

Recent Challenges to Plan Forfeitures

By Caleb J. Brus | 05.24.2024
Recent lawsuits are challenging 401(k) plan sponsors’ use of forfeitures to reduce employer contributions. Such practice is a long-standing precedent permitted by the Internal Revenue Service “IRS.” Plaintiffs in these suits claim that the decision on how to apply forfeitures is a fiduciary determination. The plaintiffs further allege it is a... Read More

Understanding ERISA Fiduciary Duties

By Caleb J. Brus | 05.17.2024
The Employee Retirement Income Security Act (“ERISA”) is a federal law that sets minimum standards for most voluntarily established retirement and health plans in private industry. ERISA provides protection for individuals in such plans. Central to ERISA is the concept of fiduciary duty, which mandates that those managing and controlling plan... Read More

Final DOL Fiduciary Rule

By Caleb J. Brus & Cynthia Boyle Lande | 04.26.2024
On April 23, 2024, the Department of Labor (“DOL”) released its new fiduciary investment advice rule titled the “Retirement Security Rule” (the “Fiduciary Rule”). The Final Rule is scheduled to take effect September 22, 2024. The changes to exemptions PTE 2020-02 and PTE 84-24 will have an additional one-year transition period where exemptive... Read More

EEOC Adopts Expansive Final PWFA Rule

By Becca E. Coleman | 04.22.2024
At the end of 2022, President Biden signed the Pregnant Workers Fairness Act (PWFA) into law. The Act, among other things, requires employers to offer reasonable workplace accommodations to workers who are pregnant, or have a condition related to pregnancy or childbirth, unless the accommodation would cause the business an undue hardship. The law... Read More

Employee Retention Credit Withdrawal Process and Voluntary Disclosure Program

By BrownWinick | 12.21.2023
The Employee Retention Credit (the “ERC”) is a refundable tax credit against payroll taxes that was created under the CARES Act to help employers and employees affected by the COVID-19 pandemic by encouraging employers to keep employees. In short, the ERC could be claimed if there was a significant decline in gross receipts over certain periods, a... Read More

IRS Issues Proposed Regulations for Long-Term Part-Time Employees

By BrownWinick | 11.29.2023
On Friday, November 24th, the IRS issued the long-awaited Proposed Treasury Regulations amending the existing Treasury Regulations for 401(k) plans and providing guidance relating to treatment of long-term part-time employees (“LTPTE”) within 401(k) plans. The LTPTE concept was codified by the Setting Every Community Up for Retirement Enhancement... Read More

BrownWinick Included in 2024 Edition of Best Laws Firms Ranked by Best®

By BrownWinick | 11.02.2023
BrownWinick is excited to announce the firm has been included in the Best Law Firms Ranked by Best® 2024 publication. Firms included in the 2024 edition of Best Law Firms® list are recognized for professional excellence with persistently impressive ratings from clients and peers. Achieving a tiered ranking signals a unique combination of quality... Read More

The NLRB Issues a Final Rule Regarding The Joint-Employer Standard

By Danielle Smid | 10.31.2023
On October 26, 2023, the National Labor Relations Board issued a final rule addressing how to determine whether two employers have joint-employer status. The final rule introduced a broadened standard as to who may classify as a joint-employer. The new standard will go into effect on December 26, 2023. A “New” Standard The final rule establishes... Read More

    Filter

      Subscribe Now