Author: All Things HR Team

Final ERISA Claims Procedures for Plans Providing Disability Benefits Effective April 1, 2018

March and April will be critical months for employers who sponsor ERISA-governed employee benefit plans that provide benefits subject to the disability claim procedures. Any claims filed after April 1, 2018 will be subject to a new final rule issued by the Department of Labor (“DOL”) in December of 2016. Plans subject to these rules will include health and welfare plans, qualified retirement plans, and even nonqualified deferred compensation plans. The new rules are intended to ensure the impartiality of plan decision-makers, and will require additional disclosures to plan participants. Types of Plans Affected Generally, the new rules apply to all plans subject to the Employee Retirement Income Security Act of 1974 (“ERISA”). Any plan (not just a “disability” plan) that requires a plan’s claims adjudicator to make a determination of disability in order to decide a claim is subject to the new regulations. Therefore, employers should review plans that provide for benefits, accelerated vesting or waiver of allocation of accrual requirements on account of disability. Qualified Retirement Plans Retirement plans may need to be updated if the plan administrator makes the determination of disability.  If, however, the determination is made by a third party (such as an LTD insurer or the Social Security Administration), the claims procedures may not need to be updated.  See, Q&A 9 of https://www.dol.gov/agencies/ebsa/about-ebsa/our-activities/resource-center/faqs/benefit-claims-procedure-regulation. Nonqualified Plans Even though nonqualified deferred compensation plans are exempt...

Read More

THE MORE THINGS CHANGE, THE MORE THEY … CHANGE: RECENT DEVELOPMENTS IN TRADE SECRETS PROTECTION AND NON-COMPETITION LAW

By: David J. Houston and Angelina Irvine, with contributions by Sara H. Jodka, Kenneth K. Ching, and David G. Bray Executive Summary and Takeaway: Trade secrets and confidential information are receiving increasing protection in many states, and as more states perceive this as a “business friendly” issue, this trend will continue and expand. Non-competition provisions, while generally enforceable, are being scrutinized more closely by state legislatures and courts. The best way to ensure that your enterprise is in as strong a position as possible is to review relevant policies and contracts to this specific end. Specifics of these changes are outlined for all states in which Dickinson Wright has offices. If you have questions, please contact your Dickinson Wright lawyer or the authors. Introduction – Why Do You Care? “There are only two categories of companies affected by trade-secret theft: those that know they’ve been compromised and those that don’t know yet ….” —Eric Holder, former U.S. Attorney General “Uber and Waymo Settle Trade Secrets Suit [for $245M]” – New York Times, Feb. 9, 2018 Trade secret and non-competition laws are closely related, and those tools may work synergistically for the enterprise seeking maximum protection from unfair trade or business practices. Establishing a protectable interest in a “trade secret” typically requires a high proof threshold involving the business significance of the information or material and its consistent treatment by...

Read More

Newsletter Subscription

Disclaimer

The HR Blog is published by Dickinson Wright PLLC to inform the public of important developments within the firm and practice areas. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered in this blog.

Categories