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Full-Text Articles in Law
Comment On Proposed Regulation: Prudence And Loyalty In Selecting Plan Investments And Exercising Shareholder Rights, David H. Webber
Comment On Proposed Regulation: Prudence And Loyalty In Selecting Plan Investments And Exercising Shareholder Rights, David H. Webber
Shorter Faculty Works
In my view, while it is a significant improvement over its predecessor, the proposed rule’s persistent relegation of job creation/preservation to the status of mere “collateral benefit” is a mistake and undermines ERISA’s duty of loyalty. In reality, job creation and preservation are inextricably linked to fund financial health. Relegating that fact to a mere collateral benefit means trustees fail to consider the effect on a pension of investing in projects that eliminate the jobs of the fund’s own participants, or ignore the benefit of creating new jobs and thereby new pension contributors. This runs counter to President Biden’s executive …
Esg Investing: May Erisa Plan Fiduciaries Consider Environmental, Social, And Governance Factors When Making Investment Decisions?, Morgan Fox
SLU Law Journal Online
ERISA fiduciaries have long sought guidance from the DOL as to whether environmental, social, and governance (ESG) factors may be considered in their investment decision-making. In 2020, the DOL issued a final rule requiring ERISA fiduciaries to consider solely pecuniary factors. In this article, Morgan Fox discusses a recently proposed rule under the new Administration that eases the restrictions and provides greater leeway for ERISA plan fiduciaries to consider ESG factors.
Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky
Defining Who Is An Employee After A.B.5: Trading Uniformity And Simplicity For Expanded Coverage, Edward A. Zelinsky
Catholic University Law Review
A.B.5 made a significant but limited expansion of the coverage of California labor law but at a notable cost. Even as A.B.5 broadened the reach of the Golden State’s labor protections, A.B.5 also made the definition of “employee” more complex and less uniform. Those seeking federal or state legislation like A.B.5 confront the same trade-off under which greater coverage is achieved at the expense of more complexity and less uniformity in the definition of who is an employee. The same political forces and policy considerations which molded A.B.5 in California will have similar effects in other states and in the …