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What I've Been Reading This Week


With the United States Supreme Court set to hear several Employee Retirement Income Security Act ("ERISA") cases in the coming term, I thought it important to highlight a recent article on the topic.  For those waiting to hear oral arguments in those cases, including the most recent case accepted by the Supreme Court, out of the Eighth Circuit (Thole v. U.S. Bank), this article from The National Law Review should tide you over for a bit.

As always, below are a couple articles that caught my eye this week.


2020 Democratic Candidates Court Union Vote in Nevada

Last Sunday, nineteen of the Democrats running for the party's 2020 nomination for President appeared at a forum in Las Vegas, hosted by the American Federation of State, County and Municipal Employees, seeking to bolster their argument for why the traditional Democratic bloc of union voters should get behind their campaigns for President.  While the theme of increasing union membership and curbing the alleged influence of employers and pro-employer special interest groups was a talking point among many of the candidates, some candidates got into specifics.  Of note, Montana Governor Steve Bullock spoke about his support for card check legislation while Senator Elizabeth Warren indicated she would put a labor leader in charge of the Department of Labor if she were elected President.  As the article from The Huffington Post points out, following a 2016 Democratic nomination cycle in which many unions quickly fell in line behind Hillary Clinton's nomination (much to the anger of many union workers who preferred Senator Bernie Sanders), unions appear to be taking a more calculated and thoughtful approach in regard to which candidate it will back this election cycle.


U.S. Congress Moves Forward with Fair Chance Act

Last month, the Fair Chance Act made its way out of the House of Representatives, after being approved on a party line vote.  For those unaware, the Fair Chance Act would make it illegal for the federal government (or its contractors) to ask applicants about their criminal history on a job application.  (Exceptions are carved out for certain jobs, such as security or law enforcement.)  As Adam Rogan at Madison.com writes, the legislation now moves to the Senate for debate and further consideration.  Notably, New Jersey Democratic Senator Cory Booker (who is running for the 2020 Democratic nomination for President) is one of those pushing for the bill's passage.  While the bill has some bipartisan support, its passage remains no sure thing.  With that being said, it will be interesting to see how this one plays out and whether Senator Booker can use his elevated stature (since announcing his 2020 candidacy) to help get the Fair Chance Act passed.


The Importance of ERISA Fiduciary Training

Many readers might hear the words Employee Retirement Income Security Act ("ERISA") and shudder.  Not to worry, this article is direct, clear cut, and to the point.  The National Law Review wrote a recent article in which it noted a trend among many ERISA lawsuits:  allegations that one or more employee benefit plan fiduciaries took action, or failed to take action, in relation to the benefit plan or its assets that was not solely in the interest of the affected plan and its participants.  (Or more narrowly put, ERISA fiduciary training remains a glaring issue.)  This particular article highlights the importance of ensuring properly conducted ERISA fiduciary training actually occurs for those individuals that serve any role with respect to an employee benefit plan.

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