The Justice Department has submitted a Statement of Interest in the litigation, Howard Jarvis Taxpayers Association et al v. CA Secure Choice Retirement Savings Program, challenging California’s CalSavers mandated payroll deduction IRA program, as preempted by ERISA. The Department previously asked the District court to refrain from ruling on the pending motion to dismiss until
U.S. Asks California Court to Delay CalSavers Decision Again
As previously reported, the U.S. Department of Justice asked the United States District Court for the Eastern District of California not to decide whether to dismiss the lawsuit by the Howard Jarvis Taxpayers Association maintaining that the CalSavers retirement program is preempted by ERISA until the Department decides whether to participate in the lawsuit on
CalSavers on Radar of Justice Department
CalSavers, California’s mandated payroll deduction program for certain California employees who do not have access to retirement plans at work became effective July
CalSavers Moves to Dismiss Amended Complaint Challenging Program under ERISA
On April 11, 2019, the Howard Jarvis Taxpayer’s Association (HJTA) filed its amended complaint challenging the propriety of California’s new CalSavers retirement program after a federal district court dismissed its first complaint on March 28, 2019 but granted leave to amend the complaint due to the Court’s awareness of the importance of the case. See
HJTA Files Amended Complaint Challenging CalSavers Program
On April 11, 2019, the Howard Jarvis Taxpayer’s Association (HJTA) filed its amended complaint challenging the propriety of California’s new CalSavers retirement program after a federal district court dismissed its first complaint on March 29, 2019. See CalSavers Saved from ERISA Preemption By District Court. Like the first complaint, the amended complaint attacks the
CalSavers Saved From ERISA Preemption By District Court
On March 29, 2019, the United States District Court for the Eastern District of California dismissed the lawsuit filed by the Howard Jarvis Taxpayers Association (HJTA) maintaining that CalSavers, California’s mandated auto-enrollment payroll deduction IRA retirement savings program, is preempted by ERISA. The court found that HJTA had standing to bring the suit and that
Oops!… They Did It Again–Secure Choice Board Withdraws/Re-Proposes Regs…Again
Last week I reported that the California Secure Choice Retirement Saving Investment Board (Board) posted a Notice of Proposed Emergency Regulation Action twice, once on October 9 and again on
CalSavers Files Emergency Proposed Regulations Twice
On October 9, 2018, the California Secure Choice Retirement Savings Investment Board (Board) posted a Notice of Proposed Emergency Action to issue proposed regulations regarding CalSavers, the California mandated payroll deduction IRA program expected to become effective early next year. However, on October 12, 2018, the Board filed another notice because it modified the proposed
Suit Claims CalSavers is Preempted by ERISA
For the past year or so, I have been speaking and writing about the California Secure Choice Law authorizing the State’s mandatory payroll deduction IRA program named CalSavers (“Program”). When implemented, the Program will require private employers who don’t otherwise offer employees a retirement plan to automatically enroll their employees and withhold and contribute to
Boom goes the Dynamex! Worker Classification is not easy as ABC when it comes to Benefits
The California Supreme Court recently decided an important decision on the issue of when a worker is properly classified as an independent contractor or employee for purposes of California wage orders. On April 30, the Court decided in Dynamex Operations West, Inc. v. Superior Court, that drivers for a delivery service were employees “