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Employer Resource Institute
Home | ERISA

ERISA

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ERISA: Transfer to Lesser Job Entitles Employee to Severance Benefits; How to Avoid the Employer's Missteps
August 2010
When you hear a reference to "ERISA" (the federal Employee Retirement Income Security Act), it typically brings to mind employee retirement and insurance plans. But, as one employer was reminded by the Ninth Circuit Court of Appeals, which includes California, it also applies to severance plans. This means you need to be careful when denying benefits under severance plans or risk costly federal litigation and reversal by a court. . . . more
Regulations: DOL Announces New Regulatory Agenda; Employers Could Shoulder a Substantially Heavier Compliance Burden
July 2010
The U.S. Department of Labor (DOL) announced its "Spring Regulatory Agenda" in April, unveiling a new regulatory and enforcement strategy for compliance that will place the onus on employers to "find and fix" violations before DOL investigators arrive at the workplace. . . . more
Compensation: Court OKs Employee Stock Forfeitures; The Basics of Employee Stock Ownership Plans
January 2010
For several years now, many employers have begun offering employees stock in the company either instead of bonuses or as deferred compensation. These arrangements are known as . . . more
News Note: More Employment Class Actions Expected in 2009
March 2009
Last year saw an increase in employment class-action litigation nationally, and there's more to come in 2009, says a recent report from the nationwide law firm Seyfarth Shaw, LLP. Citing the troubled . . . more
Domestic Partnership Benefits
CEA Online Exclusive February 2009
Domestic Partnership Benefits With Proposition 8 overturning gay marriage in California, it's now more important than ever to make sure that your domestic partnership policy is up to speed. This customizable form explains your domestic partnership benefits to employees.

. . .
more
Employee Benefits: U.S. Supreme Court Says Individuals Can Recover Damages for Mishandling of Retirement Accounts; Self-Protection Options for Employers
April 2008
In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), . . . more
News Notes: Pension Distribution/Rollover Notices May Need an Update
April 2008
When an employee is eligible for a rollover retirement plan distribution,the employer must provide the employee with written notice . . . more
Bulletin: San Francisco's health insurance ordinance in full effect while appeal is pending
February 2008
On January 9, the Ninth Circuit Court of Appeals allowed the controversial San Francisco Health Care Security Ordinance to take full effect as it considers an appeal of a federal district court's ruling that the ordinance conflicts with the federal employee benefits law, ERISA. . . . more
News Notes: New Online Employee Benefits Compliance Assistance
December 2007
The U.S. Department of Labor's (DOL) Employee Benefits Security Administration (EBSA) has launched an interactive calculator available online at the DOL website, to help employers and . . . more
Health Insurance
Health Insurance Use this form as a starting point for your health insurance benefits policy. [Company Name] offers its employees group health, dental, and vision-care insurance. Eligible Employees: All employees working [number] of regularly scheduled hours or more per week may apply for insurance coverage through the [Company Name] group plans. Employees become eligible for insurance [number] of days after their first day of employment
. . .
more
Retirement Plans: An Overview of the Pension Reform Act of 2006
October 2006
President Bush has signed the Pension Protection Act of 2006 into law, which overhauls pension funding rules, clarifies cash balance plan rules, encourages automatic enrollment in 401(k) plans, and much more. . . . more
News Note: Employer's Method to Reduce Pensions Violated ERISA
July 2006
The Ninth Circuit Court of Appeals, which covers California, has ruled that Xerox Corp. violated the Employee Retirement Income Security Act (ERISA) when it used a procedure to . . . more
Many Employers Opting for Extended Flexible Spending Period 8/17/2005
A few months back, the Internal Revenue Service issued a ruling permitting employers to amend their flexible spending plans (health and dependent care) to give employees . . . more
News Bulletin: DOL's New 5500 Forms Are Available
November 2004
Pension and welfare benefit plans are generally required to file a yearly return report, which can . . . more
Employee Benefits: Supreme Court Puts the Brakes on Employee Lawsuits Against HMOs in State Courts
August 2004
The nation's high court has unanimously ruled that workers with employer-sponsored health insurance can't sue their health maintenance organization (HMO) in state courts when their HMO won't cover a recommended treatment. . . . more
Workplace Legislation: What's Going on in Washington, D.C., That Could Affect California Employers
August 2004
Last month we reported on legislative action under way in Sacramento. In this issue, we give you a similar heads up on key employment-related legislation, on the table in the nation's capitol, that could also impact your workplace. . . . more
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2010 California Employment Law Update
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