On Monday, February 28, 2022, the United States Supreme Court refused to accept the appeal of the Ninth Circuit’s dismissal of the Howard Jarvis Taxpayer’s Association’s challenge to California’s mandated payroll deduction IRA program, known as CalSavers. The Association maintained the state law was preempted by ERISA. This effectively puts an end to the challenge
Ninth Circuit Holds CalSavers Is Not Preempted By ERISA. . . 6/30 Deadline Approaching
On May 6, 2021, the United States Court of Appeals for the Ninth Circuit upheld a District court’s dismissal of a complaint filed by the Howard Jarvis Taxpayer’s Association (HJTA), challenging California’s state mandated IRA program, CalSavers, as being preempted by ERISA.
CalSavers is California’s mandated auto-enrollment payroll deduction IRA program that requires employers of
Will DOL Withdrawing Support Doom Revival Of ERISA Challenge To CalSavers?
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,
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
CalSavers Not Preempted By ERISA!
On March 10, 2020, the United States District Court for the Eastern District of California once again dismissed the lawsuit by the Howard Jarvis Taxpayers Association (HJTA), challenging CalSavers as being preempted by ERISA. CalSavers is California’s mandated auto-enrollment payroll deduction IRA program that requires employers of a certain size, that don’t provide their employees
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
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 “