Department of Labor Proposes New Regulations for Disability Benefit Claims
The Department of Labor has proposed new regulations for disability benefit claims that will provide better protections for claimants.
Intentional infliction of emotional distress and ERISA
Although the ERISA law generally preempts state law causes of action that relate to claims for employee benefits, a recent federal court ruling from California Dale v. Reed Group, Ltd., 2015 WL 6954915 (N.D. Cal. November 10, 2015), permitted an exception to that general rule. Ed Dale, an employee of Intel Corporation who became disabled, […]
SCOTUS to rule on ERISA fiduciaries duty to monitor investments
The Supreme Court will hear a case questioning the timeline for ERISA cases involving a fiduciary’s duty to monitor investments. SCOTUS, or the Supreme Court of the United States, has agreed to hear a case that questions the extent of an employer’s fiduciary duty to monitor the ERISA plans they sponsor. ERISA, or the Employee […]
When does ERISA apply to small business owner benefit plans?
A recent case out of New York’s District Court illustrates when ERISA governs owner benefit plans. The Employee Retirement Income Security Act of 1974 sets minimum standards for private retirement, pension and health plans. Yet ERISA is a complex law and it is not always clear whether ERISA applies to a particular benefit plan. ERISA exemption […]
Court Takes Weekends Into Account in Extending ERISA Deadlines
A decision by the U.S. District Court for the Northern District of Illinois takes into account the role of weekends in extending ERISA deadlines.
Crime, punishment and paying restitution to victims
Paying restitution to victims is an important aspect of the criminal justice system.