Section 1557 of the Affordable Care Act (“ACA”) provides individuals shall not be subject to discrimination on the basis of sex under a health program or activity that receives federal financial assistance or is administered by an Executive Agency.  (42 USC 18116(a)).  As discussed in our blog post regarding United States v. Skrmetti, the contours of Section 1557’s prohibition of discrimination on the basis of sex remain a hotly litigated issue.

Join Boutwell Fay LLP as we will walk through common Form 5500 errors, what happens if you don’t make a filing deadline and how to avoid (or, if needed, appeal) Form 5500 late filing penalties.

We are proud to share that The Best Lawyers in America® has recognized two of our partners in its 2026 Edition.

As we’ve advised, the times are changing when it comes to what participants’ retirement plan investment options.  On Thursday, August 7, 2025, the president signed an executive order to allow 401(k) participants to join institutional investors and non-ERISA retirement plans in investing in alternative investments like private equity, cryptocurrency, and real estate.  The order is aimed to place ERISA regulated 401(k) and defined contribution plan participants on an equal play

In her recent Daily Journal article "Strategic Connections Can Power Practice Growth," Sherrie Boutwell, partner at women-owned ERISA firm Boutwell Fay LLP, highlights collaboration as a key growth strategy for niche law firms.

The One Big Beautiful Bill Act (“Bill”) did not extend the enhanced premium tax credits (“PTCs”) which help make health insurance purchased through the marketplace (e.g., Covered California) more affordable for millions of Americans. The Affordable Care Act’s employer shared responsibility penalties are only imposed in situations where a full-time employee receives a PTC or cost-sharing reduction.

Each employer that sponsors a 403(b) plan which uses a pre-approved plan document must ensure that document is restated to account for changes in law by December 31, 2026.  Especially because organizations in the nonprofit and public sectors often face resource and staffing constraints, it’s crucial they start the restatement process now. 

Following up on our prior post on private equity investments in 401(k) plans, the Ninth Circuit Court of Appeals has now dismissed a six-year-long lawsuit brought by Intel employees against the company. The lawsuit centered on Intel’s inclusion of private equity and hedge funds in its 401(k) defined contribution plans, alleged that offering these investment options violated fiduciary duties under the Employee Retirement Income Security Act (ERISA).

On June 18, 2025, the majority of the United States Supreme Court held Tennessee’s law prohibiting access to gender-affirming care for certain minors was permissible under rational basis review. The Tennessee law at issue, SB1, forbids healthcare providers from providing puberty blockers or hormones to minors.

Holiday Reminder: Please note that our office will be fully closed on Friday, July 4th.

In the five months since the Trump Administration took the reins in Washington, DC, we have seen a flurry of changes affecting employee benefit plans: both retirement plans and health and welfare plans.  In this post, we focus on a few of the recent retirement plan changes relating to plan investments.

We are proud to announce that Boutwell Fay LLP has been recognized in the 2025 California Edition of Best Law Firms®, ranked by Best Lawyers®.

Starting Friday, June 6th, and continuing through Friday, August 29th, our office will have adjusted hours. Early Closure: Our office will close at 3:00 PM (PST) every Friday during this period, giving our staff a head start on their summer weekends. Holiday Reminder: Please note that our office will be fully closed on Friday, July 4th.

Allison brings more than a decade of experience in employee benefits and tax law and will be a valuable addition to our team. She advises on a wide range of issues, including tax-qualified retirement plans, health and welfare plans, ERISA (Employee Retirement Income Security Act) fiduciary matters, ACA (Affordable Care Act), HIPAA (Health Insurance Portability and Accountability Act), COBRA (Consolidated Omnibus Budget Reconciliation Act) compliance, and more.

A recent Executive Order (EO), “Making America Healthy Again by Empowering Patients with Clear, Accurate, and Actionable Healthcare Pricing Information,” aims to increase consumer access to healthcare pricing information by increasing enforcement of  regulations released pursuant to an EO issued in 2019. 

Recently, the U.S. District Court for the Northern District of Texas issued a potentially sweeping decision that could disrupt the enforcement of the Affordable Care Act’s (ACA) employer mandate.

Boutwell Fay LLP is proud to announce that Katrina Veldkamp, Partner at the firm, will be speaking at “Retirement Plan Pitfalls: How to Stay Ahead with 401(k) & CalSavers,” presented by the Desert Communities Employer Advisory Council (EAC) in partnership with the Employment Development Department.

Join Sherrie for a practical discussion exploring the unique dynamics between TPAs, actuaries, and ERISA attorneys. The session will dive into ethical challenges, documentation best practices, and strategies for building productive relationships that support smoother plan operations.

In Cunningham v. Cornell University, the U.S. Supreme Court unanimously held that plaintiffs asserting prohibited transaction claims under ERISA §406(a)(1)(C) do not need to plead facts related to the §408(b)(2)(A) exemption to survive a motion to dismiss.

Section 343 of the SECURE 2.0 Act of 2022 amended Section 101(f) of ERISA which relates to the annual funding notice (“AFN”) requirements fo