The Enforcer! What to Do When the DOL Comes Knocking

Since ERISA’s enactment, the DOL has maintained a robust investigatory program for enforcing the fiduciary and prohibited transaction provisions of Title I of ERISA. DOL's ERISA enforcement activities and investigations remain a high priority under the Biden administration and ERISA plan fiduciaries and service providers can expect the DOL to continue its ever-evolving enforcement program targeting both fiduciaries and nonfiduciary service providers.

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Practical Guidance Updates
Featuring the latest updates from your Practical Guidance account.   

• Employee Benefits & Executive Compensation Key Legal Developments Tracker
  Stay informed on new developments.
  • ERISA. DOL published compliance assistance cautioning plan fiduciaries to exercise extreme care if considering adding a cryptocurrency option to a 401(k) plan's investment menu.DOL, Compliance Assistance Release No. 2022-01.  
  • ERISA. DOL announces proposed rule to modify the process for applying for administrative exemptions from the prohibited transaction rules under ERISA and the IRC codified at 29 C.F.R. 2570.30 et seq., which were last updated in 2011. 87 Fed. Reg. 14,722 (Mar. 15, 2022).
  • Executive, Incentive, and Equity Based Compensation. Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 enacted, prohibiting enforcement of pre-dispute mandatory arbitration clauses and joint, class, or collective action waivers for sexual assault and sexual harassment claims.  L. No. 117-90(adding 9 U.S.C. §§ 401, 402).
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• Check out the new Practical Guidance Author Center! Learn about the 1500+ leading attorney authors contributing to our 20 practice areas, and find out how you can Become a Practical Guidance Author.
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