Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 18, 2013
The Firm
201-896-4100 info@sh-law.comThe U.S. Department of Labor (“DOL”) has substantially increased the number of ERISA compliance audits it conducts each year. Document requests covered in the typical audit letter are striking fear into the hearts of executives charged with HR responsibility. While in most cases the companies and their staff members do not deliberately violate the law’s requirements, this responsibility often suffers from benign neglect – especially in the welfare benefit side of the equation (pension compliance, although not perfect, is much better). The truth is that, since 1974 when ERISA was first passed, welfare plan ERISA compliance has been largely ignored by both the government and by plan sponsors.
The Employee Benefits Security Administration (“EBSA”) is the division of the DOL that is responsible for protecting the integrity of pensions, health and other employee benefits, and is the agency charged with administering and enforcing ERISA. EBSA’s current budget includes significant increases in staff and resources to conduct welfare benefit plan audits as the government views this as a revenue generating activity.
Indeed, it is found that three out of four plans audited have one or more ERISA violations. These violations must be taken seriously as they are, as a matter of law, breaches of fiduciary duty that expose both the plan sponsors and the individual fiduciaries (officers and directors of the company among others) to personal liability. In 70 percent of the audits conducted, the government finds some sort of failure, either in the operation of the plan or in the interpretation of the plan’s provisions.
With new requirements of the Patient Protection Affordable Care Act (“PPACA”) already in force, this adds additional compliance concerns and exposure to plan sponsors that may be audited. Those with HR responsibility need to double-check that:
SPDs are often the main target of the audit as the legal requirements are numerous and have increased significantly over the years since the passage of ERISA. Many plan sponsors assume that the booklets prepared by the plan’s insurer meet the requirements for an SPD. This frequently is not true. Further, new PPACA eligibility requirements need to be explained in the SPD, and this area is of particular concern to the EBSA auditors.
The second most frequent item in DOL audits relates to HIPAA and whether the SPD informs participants about special enrollment rights. COBRA compliance is another focus point as there are frequent lapses by plan sponsors in meeting the law’s many requirements.
If you are not ready to demonstrate your company’s ERISA compliance in an EBSA audit, do not wait until you get an audit letter to act as that will be too late.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!