United States: Employee Benefits & Compensation

Worker misclassification is a growing issue facing healthcare professionals. In 2022, the U.S. Department of Labor’s Wage and Hour Division identified violations, including instances of worker misclassification, in 80 percent of its reviews of residential care, nursing facilities, home health services, and other health-sector institutions. Individuals such as travel nurses, per diem aides, and allied health professionals are among the most at-risk of being misclassified as independent contractors, which may have direct, adverse implications on affected workers.

Section 103 of the SECURE Act 2.0 introduces the Saver's Match program, replacing the federal Saver's Credit with direct government contributions to retirement accounts. IRS Notice 2026-48 outlines how this new matching contribution system will operate and addresses critical implementation questions for plan sponsors considering whether to accept these federal contributions.

The US Department of Labor has proposed a new optional electronic disclosure safe harbor for ERISA-covered group health plans that would permit plan administrators to furnish required health plan disclosures through a notice-and-access framework. This development offers employers a potential pathway to broader electronic delivery of health plan communications, particularly for populations difficult to reach under existing electronic disclosure rules, though it introduces additional complexity by creating se

A Minnesota federal court has again dismissed a proposed class action under the Employee Retirement Income Security Act (ERISA). Former worker Thomas Matula accused Wells Fargo of improperly using forfeited funds from its 401(k) plan.

Illinois employers face two fairly significant changes to state employment law beginning January 1, 2027. New legislation will require many employers to pay employees for time spent serving on jury duty, and a separate enactment will revive disparate impact liability under the Illinois Human Rights Act at a time when federal enforcement of that theory has receded.

Recently, the U.S. Department of Labor’s Wage and Hour Division (DOL) issued Opinion Letter FLSA2026-10, which addresses whether a field service engineer must be paid for time spent receiving employer-dispatched pages, calling clients to schedule service appointments, and driving from home to the first client location.

In this partner spotlight, Andrew Melzer, New York Partner and Wage & Hour Practice Group Co-Chair at Sanford Heisler Sharp McKnight, sits down with firm Chairman David Sanford to trace a career rooted in a commitment to public interest and civil rights law. Andrew begins with a formative early experience: working on proceedings against Swiss banks that had appropriated accounts belonging to Holocaust victims and helping to restore assets to families

Donavon Lea, a 2L summer associate at Foley's Los Angeles office, shares his journey from Virginia Beach to UCLA Law School, including his unique experience as a CDC Public Health Law Fellow. He offers valuable insights on navigating unexpected opportunities and maintaining a learner's mindset throughout law school and early career development.

As the first half of 2026 has passed, plan sponsors should be aware of ongoing significant litigation concerning the Employee Retirement Income Security Act (ERISA).