In its most recent step to combat cybersecurity risks to employee benefit plans, the U.S. Department of Labor clarified on September 6, 2024, that its guidance on cybersecurity applies to health and welfare plans as well as retirement plans.
The 3d Circuit upheld a decision to throw out a withdrawal liability assessment, finding the multiemployer pension fund was barred from pursuing its claim because the fund unreasonably delayed notification of a withdrawal liability assessment.
In a matter of first impression for federal courts, the N.D. of Illinois found that a pension fund cannot use post-2014 contribution rate increases made pursuant to a rehabilitation plan to calculate an employer’s withdrawal liability payment amount.
On March 11, 2024, the U.S. District Court for the Northern District of Illinois held that ERISA preempts Section 42 of the Illinois Day and Temporary Labor Services Act.
On February 9, 2024, the U.S. Court of Appeals for the D.C. Circuit issued a decision affirming the district court’s decision to vacate an arbitration award for the employer in a pension fund withdrawal liability case.
Fiduciaries of 401(k) and other retirement plans continue to be targeted by class action lawsuits brought under the Employee Retirement Income Security Act (ERISA) challenging fiduciary decisions regarding investment options and administrative fees.
The United States Court of Appeals recently shed light on when—and under what conditions—a plaintiff may seek a monetary recovery under § 502(a)(3) of ERISA. Section 502(a)(3) authorizes courts to award only “equitable relief.”
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.
