August 16, 2024
A California federal judge's recent decision refusing to toss a federal benefits lawsuit alleging Intuit misspent 401(k) plan forfeitures shows how a novel pleading under the Employee Retirement Income Security Act has gained a foothold in some district courts, attorneys say. Here's a rundown with attorneys on the Intuit ruling and what to expect as more large employers are being targeted with proposed class action litigation challenging 401(k) forfeiture spending.
April 11, 2024
Several recent lawsuits challenging how employers use 401(k) forfeitures — which occur when a worker leaves before an employer's matching contributions fully vest — are approaching critical early tests, with rulings expected on dismissal bids in the coming months. Here, Law360 looks at how this area of Employee Retirement Income Security Act litigation has gained traction, and what to look out for next.
February 02, 2024
This month, the Fifth Circuit will hear a battle over the arbitration process for challenging surprise medical bills, the Federal Circuit will referee a NASA worker's bid to get his military leave suit back on track, and Clorox will try to sink a 401(k) forfeitures class action. Here are three court dates benefits attorneys might want to add to their calendars.
December 14, 2023
The Clorox Co. urged a California federal court to toss a proposed class action alleging it violated federal benefits law when it failed to use forfeited 401(k) contributions to defray costs for plan participants, saying decades of IRS guidance require it to use the funds to reduce employer contributions.