29.10.2019 01.55 GMT+0000

Employers need to develop strategies for dealing with state/federal tug-of-war over regulatory authority.

The (Individual) States of America vs The United States of America

The (Individual) States of America vs The United States of America

The states and the federal government are engaged in a tug-of-war over the ability to issue rules affecting key HR and benefits matters. This is a game with no winners.

There is an ongoing conflict between the federal government and individual states over benefits and HR policies--with states seeking to fill gaps left by the federal government and the federal government claiming that the state initiatives are preempted.

02.09.2019 02.36 GMT+0000

States are acting to fill gaps in federal rule. Can they?

State Action on Fiduciary Standards – Is An Opposite and Equal Industry Reaction Looming?

State Action on Fiduciary Standards – Is An Opposite and Equal Industry Reaction Looming?

What Happens When States Seek to Set Their Own Fiduciary Standards?

Federal law “preempts” conflicting state law. As states increase activities to protect investors—and impose fiduciary standards—we can expect to see the financial industry push back. A key battleground is likely to be the application of preemption to these state initiatives.