On July 4, 2025, President Trump signed into law the One Big Beautiful Bill Act Public Law 119-21, (OBBBA), a sweeping legislative initiative that not only extends core tax provisions of the 2017 Tax Cuts and Jobs Act (TCJA) but also introduces significant reforms across multiple policy areas. While Continue Reading
Employee Relations Law Journal | ERISA “Stock Drop” Cases: Should Plan Fiduciaries Rest Easy?
Prior to 2014, many federal courts applied a “presumption of prudence" standard when evaluating a fiduciary's decision to offer employer stock as an investment option under their company’s retirement plan. However, Fifth Third Bancorp v. Dudenhoeffer, drastically changed this, as the U.S. Supreme Continue Reading
Employee Relations Law Journal | Excessive Fee Suits Imperil ERISA Fiduciaries for Health and Welfare Plans
The standards that ERISA fiduciaries owe to the plans they oversee have been called “among the highest duties known to law... more exacting than the duties imposed upon common law trustees.” In recent years, ERISA fiduciaries of retirement plans have experienced heightened scrutiny from plan Continue Reading
Opportunities and Risks of Using AI in Employee Benefits Administration
The Bottom Line The emergence of generative artificial intelligence (AI) technology offers significant opportunities in the field of employee benefits, for both employers and their employees, including: Despite the promise that generative AI technology holds for benefits administration, Continue Reading
The IRS Releases Grab Bag Guidance on the SECURE 2.0 Act
The Bottom Line Almost a year after the SECURE 2.0 Act of 2022 was enacted as part of the Consolidated Appropriations Act, 2023, the IRS released guidance (Notice 2024-2) in the form of a grab bag Q&A aptly named “Miscellaneous Changes Under the SECURE 2.0 Act of 2022.” The Notice covers Continue Reading
Preparing for 2024: Top 12 Ways to Protect Your Firm
Leaders of public relations and marketing communications firms work at the intersection of many dynamic areas in order to make their firms thrive. How can firms prepare for the year ahead? Davis+Gilbert recommends a dozen key action items — ranging from topics as diverse as navigating the Continue Reading
Employee Benefit Considerations When Making Workforce Modifications
The Bottom Line Employers should work closely with ERISA counsel to ensure that employee benefit plans (e.g., non-qualified deferred compensation plans, health and welfare plans, and 401(k) plans) are being administered correctly as they make changes to their workforce.Employers should work with Continue Reading
ABA Joint Committee on Employee Benefits Webinar | Abortion Services and Employee Benefits: Plan Design Options And Legal Compliance Post Dobbs V. Jackson Women’s Health Org
On July 12, Davis+Gilbert Benefits + Compensation counsel, Gabrielle White, will be speaking on a panel at ABA Joint Committee on Employee Benefits Webinar. Her session is entitled “Abortion Services and Employee Benefits: Plan Design Options and Legal Compliance Post Dobbs V. Jackson Women’s Health Continue Reading
Key 2022 Updates for Health and Welfare Plans
The Bottom Line Employers should carefully review and prepare for 2022 compliance modifications and new requirements, and should monitor future developments. In particular, the IRS may start more aggressively pursuing ACA penalties and taxes against employers if the good faith transitional Continue Reading
Employee Relations Law Journal | Emerging From the COVID-19 Pandemic: Returning Employees and Benefits Considerations
During the coronavirus pandemic, businesses were faced with myriad important employment considerations, including the difficult decision of having to furlough or lay off employees. Even those that did not take such actions may have had far more employees requesting a leave of absence than in prior Continue Reading