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Posts tagged "Benefits"

New ERISA Fiduciary Rule Takes Effect

On June 9, the long-awaited revised "fiduciary rule" from the U.S. Department of Labor ("DOL") went into partial effect and will be in full force as of January 1, 2018. After nearly a decade, and much political wrangling, the updated rule ushers in sweeping changes regarding the duties and responsibilities financial advisors and others owe their clients.

Illinois' New Sick Leave Law - A Mixed Bag for Illinois Workers

Illinois recently enacted legislation purportedly giving workers across the state greater flexibility when using their sick leave benefits. The Illinois Employee Sick Leave Act, which takes effect on January 1, 2017, is a noble attempt to balance people's family caregiving duties with their job responsibilities, but to many, its protections don't go far enough.

Tussey v. ABB, Inc., No. 12-2056 (8th Cir. Mar. 19, 2014)

When a retirement plan manages employees' money, it also has a responsibility to keep an eye on the expenses that can quietly erode away earnings. The Eighth Circuit affirms an ERISA breach of fiduciary duty judgment against two retirement plans for allowing its recordkeeper to overcharge the fund for services, and orders the return of $13.4 million. The court nonetheless vacates for further proceedings a claim for inappropriate investment options, and reverses (over a dissent) a judgment that the plan recordkeeper converted short-term funds (a "float") to non-plan purposes.

Trainor v. HEI Hospitality, No. 12-1152 (1st Cir. Oct. 31, 2012)

A senior executive wins a jury trial for retaliation under the ADEA and Massachusetts state law, with an award of back and front pay, emotional distress damages and liquidated (double) damages. The First Circuit substantially preserves the judgment against the employer and affirms injunctive relief to restore plaintiff to the company's benefit plans, though it tamps down the compensatory damage award on grounds of excessiveness.

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