Barrett v. O’Reilly Auto., No. 23-2501, __ F. 4th __, 2024 WL 3980839 (8th Cir. Aug. 29, 2024) (Before Circuit Judges Benton, Arnold, and Stras)
Our case of the week cannot be said to tread new ground. According to the Eighth Circuit, this investment fee case is “nothing new.” Like other such cases, it
Unlike employee contributions, employer contributions to 401(k) plans do not immediately vest, but instead do so under plan and ERISA vesting provisions, generally after three to five years of service with the employer. What happens to these contributions when employees leave covered employment before that time is at the center of numerous recently-filed lawsuits, including
Federation of Americans for Consumer Choice, Inc. v. United States Dep’t of Labor, No. 6:24-cv-163-JDK, __ F. Supp. 3d __, 2024 WL 3554879 (E.D. Tex. Jul. 25, 2024) (Judge Jeremy D. Kernodle)
American Council of Life Insurers v. United States Dep’t of Labor, No. 4:24-cv-00482-O, 2024 WL 3572297 (N.D. Tex. Jul. 26, 2024)