Employment Law News and Insights

Individually Designed 403(b) Plans Will Be Eligible For Determination Letters

Published: Nov 23, 2022
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Plan sponsors of individually designed 403(b) plans will soon be able to submit determination letter applications to the IRS. (Individually designed plans are plans using custom documents that have not been preapproved by the IRS through a separate program.) Revenue Procedure 2022-40 implements a new determination letter program for individually...

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DOL Finalizes ESG, Proxy Voting Regulation

Published: Nov 15, 2022
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The Department of Labor (the “DOL”) recently finalized a regulation amending the rules under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), related to the selection of plan investments and the exercise of shareholder rights (the “Rule”).  The Rule – entitled “Prudence and Loyalty in Selecting Plan Investments and...

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When Is Employment Law Advice Privileged—or Not?

Published: Nov 11, 2022
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The privileged nature of the advice and counsel of employment lawyers must not be taken for granted, and it is hoped that the court's ruling in 'In re Grand Jury' will clarify and provide clear guidelines regarding the privilege's application to counsel's activities. Employment lawyers spend their days consulting with...

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