Foley’s Employee Benefits & Executive Compensation and Labor & Employment teams discuss timely and crucial developments for employers. Topics include:
Hidden ERISA Plans
We discuss the various fringe-type plans sponsored by employers that may be subject to ERISA and its requirements. Some employers are surprised to know that severance benefits, on-site medical clinics, wellness programs, and other similar benefits can sometimes be subject to ERISA, which can lead to potential noncompliance and exposure to possible penalties. We break down when such benefits are subject to ERISA and best practices to handle these issues.
Record Retention for Benefits
We discuss the different rules about how long to retain records for various benefit plans, the ongoing challenges of maintaining those records, and some best practices to consider.
Investigating #MeToo Harassment Allegations
We discuss legal and practical issues for investigating allegations of sexual harassment in the era of the #MeToo movement, with a focus on addressing confidentiality concerns and dealing with “he said, she said” cases.