Ok. Well. Probably not, but this might be a useful (maybe even fun) way to review the factors for determining what is and what is not a “plan” under ERISA. So, let’s give it a shot. First, the law: The Saints are operated in Louisiana, so we will look…
According to this article from Pensions & Investments, half of employers could not accurate indentify the fees charged to participants in their 401(k) plans. As we’ve discussed in earlier posts, such as this one about 401(k) plans for small businesses, ERISA’s fiduciary provisions are expansive. It is hard to imagine…
The Chicago Tribune reports that a bill to protect current and prospective employees from requirements to provide their social media passwords to their employers has gone to Governor Quinn. If this bill is signed into law, Illinois will join Maryland as the only two states with these sorts of protections…
Employers regularly use criminal background checks and credit checks to narrow their list of applicants. High unemployment has vastly expanded the applicant pool and employers now have the luxury of selecting only the most qualified candidates. The Equal Employment Opportunity Commission (“EEOC”) had been largely quiet on the legality of…
The California State Teachers’ Retirement System (“CalSTRS”), America’s second largest pension fund, announced that it would vote its nearly six million shares against the retention of Wal-Mart’s board of directors. This decision comes in the wake of Wal-Mart’s ongoing Mexican bribery scandal. This is an important story for pension governance and fiduciary…