Compliance Stuff

Love may fade, but beneficiary designations do not. That was the hard lesson learned in a legal dispute between a man’s estate and his ex-spouse over his retirement plan proceeds – ultimately, a federal appeals court in Chicago refused to honor a man’s attempt to remove his ex-wife as beneficiary of his retirement account and ruled that the ex was entitled to receive the entirety of the account. The decision, which was based on a legal test courts have long recognized in ERISA cases, produced a harsh outcome for the estate’s intended beneficiaries, despite the participant’s clear expression of intent. In this Insight, we’ll explain what happened in the recent 7th Circuit case and provide three takeaways for employers and retirement plan fiduciaries. What Led to the Beneficiary Dispute in the PCA Case For more than 30 years, a man worked for Packaging Corporation of America (PCA) and participated in the company’s 401(k) plan. When the participant got married in 2006, he designated his ...

  Colorado employers should be aware of a recent enforcement uptick regarding online job posting rules – especially since missteps can result in huge fines up to $10,000 per violation.   The Colorado Equal Pay for Equal Work Act (EPEWA) requires employers to include detailed information about pay, benefits, and application logistics in their job postings. These requirements have been in place since 2021 and all Colorado employers should have already incorporated them into the hiring process.  Unfortunately, however, employers may not realize that not just job seekers but the government can search their job postings – and that enforcement efforts are rising.  Given the   high stakes for violations, now is a great time to review your job postings for compliance and curb the potential for costly errors . Here are the answers to your top five compliance questions.   1. What Counts As a Posting? The EPEWA’s requirements apply to postings for any “job opportunity...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Vermont Bill / Ordinance / Regulation Main Topic Summary Effective Date Vermont HB 259   Healthcare Requires hospitals to develop a security plan to prevent workplace violence, and to conduct a security risk assessment and staff training. 7/1/2025 Vermont HB 461   Leaves of Absence Expands access to unpaid family and medical leave and provides job-protected leave for reasons related to domestic violence, bereavement, and a qualifying exigency.   7/1/2025 Vermont HB 704 Wage Transparency Requires employers to include a job description and the compensation in each job advertisement. 7/1/2025 Vermont SB 117 Wage and Hour Clarifies how the minimum wage is calculated and the employer penalty amount for unpaid wages. 7/1/2025 Vermont SB ...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Texas Bill / Ordinance / Regulation Main Topic Summary Effective Date Texas HB 4215 (SB 2154)   Workplace Policies/ Background Checks Requires delivery network companies to implement intoxicating substance and anti-discrimination policies for delivery people, and to conduct background checks before hiring delivery people. 9/1/2025 Texas SB 1257 (HB 778) Benefits Requires health benefit plan coverage for gender transition adverse effects and reversals. 9/1/2025 This article provides a general snapshot of generally applicable labor and employment laws taking effect soon. Please note that while some of the laws listed below are industry-specific, this article is not meant to be all-inclusive. In addition, many state legislatures are still activ...

  States and cities are as busy as ever passing new workplace regulations throughout the calendar year. Here is our mid-year report summarizing the notable labor and employment laws that take effect from roughly July through October.  Nebraska Bill / Ordinance / Regulation Main Topic Summary Effective Date Nebraska LB 293 Benefits Provides requirements for health benefit plans offered by professional employer organizations. 9/9/2025 Nebraska LB 415 Leaves of absence Amends the Nebraska Healthy Families and Workplaces Act to exclude small employers and certain workers, set a waiting period for accrual, clarify intersection with employer-provided PTO policies, and eliminate the private right of action. 9/2/2025 Nebraska Initiative 436, Paid Sick Leave (Ballot Measure) Paid Sick Leave Entitles employees to paid sick time beginning October 1, 2025. 10/1/2025 This article provides a general snapshot of generally applicable labor and employment laws taking effect soon. Please note t...