Compliance Stuff

As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times this year that four small words –  it is so ordered  – created sweeping implications for your business, along with a rating for how impactful each decision will be for employers. Note:  We’ll be publishing a preview of the 2025-2026 SCOTUS term in the first week of October. Make sure you’re subscribed to  Fisher Phillips’ Insight Systems  to ensure you get it delivered to your inbox. 1. Major Limit on District Courts’ Injunction Power Case :  Trump v. CASA  (June 27, 2025) Vote Count:  6-3 Ruling:  Federal district court judges may not issue injunctions that are broader than necessary to provide complete relief to each plaintiff with standing to sue. Employer Impact Score:  High Employer Impact:  Plaintiffs will...

A Supreme Court decision in April made it easier for plaintiffs to keep ERISA prohibited transaction claims in play longer, and just days later a rare ERISA trial resulted in a huge win for a class of 401(k) plan participants . What do retirement plan sponsors and fiduciaries need to know about this new era of ERISA litigation? We’ll break it all down and give you some best practices to stay ahead of a potential new wave of litigation risks. Snapshot of ERISA Fiduciary Rules Fiduciary Status.  Generally, a person is a fiduciary of an ERISA-governed plan if they (1) exercise discretionary authority or control over plan management or plan assets; (2) have discretionary authority or responsibility for the plan’s administration; or (3) give paid investment advice to a plan (or have any authority or responsibility to do so) . Fiduciary Duties.  Plan fiduciaries must follow certain principles of conduct when running the plan, including by acting prudently and solely in the interest ...