On February 5, 2021, the United States Department of Labor withdrew its amicus brief supporting the Howard Jarvis Taxpayers Association’s (HJTA) appeal of the dismissal of its lawsuit challenging CalSavers as being preempted by ERISA. See No Fooling HJTA Appeals Dismissal Of CalSavers Preemption Decision. CalSavers is California’s payroll deduction IRA program requiring employers,
California Rideshare Companies At The Intersection Of AB5 and Proposition 22
On August 10, 2020, a California Superior Court Judge granted a preliminary injunction against rideshare companies Uber and Lyft requiring them to stop classifying their drivers as independent contractors violating AB5. The injunction was stayed for 10 days to give the companies time to appeal. AB5 codified the California Supreme Court’s Dynamex decision and became
CalSavers Proposes Extending 6/30/20 Deadline Due To Pandemic
The California Secure Choice Retirement Savings Investment Board has filed a Notice of Proposed Emergency Regulation Action with the Office of Administrative Law (OAL) to adopt emergency regulations to amend the current CalSavers regulation to extend the June 30, 2020 registration deadline for Eligible Employers with more than 100 employees to September 30, 2020. Currently,
No Fooling HJTA Appeals Dismissal Of CalSavers Preemption Decision
On April 1, 2020, the Howard Jarvis Taxpayers Association filed a Notice Of Appeal with the United States District Court for the Eastern District of California, indicating that it is appealing the court’s March 10, 2020 dismissal of the Association’s lawsuit alleging that CalSavers, California’s mandated payroll deduction IRA program, was preempted by ERISA. See
Friday the 13th Unlucky for CalSavers as U.S. Maintains Law is Preempted by ERISA
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