Tag: 401k litigation

Close up view of hands signing documents on a table with a judge gavel and scales of justice

Ending ‘regulation by litigation’ may erode some protections for workers. Most people likely think their employer’s role in providing a 401(k) stops at choosing the provider, match rate, and investment options. What most workers probably don’t know is that under the law governing 401(k)s – the Employee Retirement Income Security Act of 1974 (ERISA) – employers must…

Gavel on an open book with justice scales justice

Lawsuits may lead to lower fees, but may also stifle innovation. 401(k) litigation – which had declined after the Great Recession – has surged again recently (see Figure).  Over 100 new 401(k) complaints were filed in 2016-17 – the highest two-year total since 2008-09. A recent study explores the causes and potential consequences of this…