Emily Rickard Emily Rickard

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  Emily Rickard focuses her practice on executive compensation and employee benefits, and has devoted a substantial portion of her practice to assisting employers in implementing and maintaining employee stock ownership plans (ESOPs). She has represented companies, inside ESOP trustees, and outside ESOP trustees in buy-side and sell-side transactions, as well as in ongoing ESOP compliance matters. Read Emily Rickard's full bio.

LGBTQ Title VII Ruling May Impact Your Employee Benefit Plan


By , , and on Jun 23, 2020
Posted In Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans

On Monday, June 15, 2020, the US Supreme Court held in Bostock v. Clayton County that Title VII of the Civil Rights Act of 1964 protects transgender, gay and lesbian employees (and prospective employees) from workplace discrimination based on sex. This means that the protective authority of Title VII for LGBTQ individuals generally extends to employer-sponsored healthcare...

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Families First Coronavirus Response Act Mandates Employer-Provided Coverage for COVID-19 Testing


By , , , and on Mar 23, 2020
Posted In Employee Benefits, Health and Welfare Plans

As part of the Families First Coronavirus Response Act (the “Act”), Congress eliminated patient cost-sharing for Coronavirus (COVID-19) diagnostic testing and testing-related services provided under any employer-sponsored group health plan. This impacts all employer plans, insured and self-funded, of all sizes. The provisions are effective as of March 18 and will continue on a temporary...

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A New Day for the HRA


By , , and on Jul 30, 2019
Posted In Employee Benefits, Health and Welfare Plans

The Departments of Labor, Treasury, and Health and Human Services have released final rules removing the prohibition on pairing HRAs with individual health policies. The final rules also allow certain HRAs and other account-based group health plans to qualify as limited excepted benefits. These rules are generally effective for plan years beginning on or after...

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ESOPs: What Not To Do (and If You Did, How to Correct It)


By on Apr 16, 2019
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans

In a presentation for the National Center for Employee Ownership (NCEO) Conference, Emily Rickard presented on ESOP plan design, operation and administration. She, along with the other presenters, identified ERISA compliance watchdogs including the plaintiff’s bar, Department of Treasury and Department of Labor, and what attracts their attention when it comes to audits. Emily also...

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Court Puts Association Health Plans in Limbo


By , , and on Apr 9, 2019
Posted In Benefit Controversies, Employee Benefits, Health and Welfare Plans

On March 28, a District of Columbia federal court agreed with a New York-led challenge by a group of 11 states and the District of Columbia and found that the Department of Labor’s (DOL) 2018 association health plan (AHP) rule (the Final Rule): Is contrary to the Employee Retirement Income Security Act of 1974 (ERISA)’s...

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Fridays With Benefits Webinar | Make Way For The HRA!


By , and on Dec 4, 2018
Posted In Employee Benefits, Health and Welfare Plans

Join us Friday, December 7 for our monthly Fridays With Benefits webinar. New proposed rules make the HRA an interesting option for employers beginning in 2020. Join McDermott lawyers for an interactive discussion regarding the “Integrated HRA” the “Excepted Benefit HRA” and the medical plan design opportunities they present. Join our lively 45-minute discussion while...

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7 Tips to Avoid Compliance Missteps During Open Enrollment


By , and on Nov 6, 2018
Posted In Employee Benefits, Health and Welfare Plans, Privacy and Data Security

One of the busiest times of year for an employee benefits professional is open enrollment. It is a crucial and yet stressful time of year that typically results in numerous employee questions and complaints and is a time of year with high potential for both employer and employee mistakes. Despite the stress and potential for...

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Paving the Way for More HRAs


By , , , , and on Nov 1, 2018
Posted In Employee Benefits, Health and Welfare Plans

President Trump signed an executive order last year directing the Secretaries of Labor, Treasury and Health and Human Services to consider proposing regulations to “increase the usability of HRAs.” This month, the collective departments issued proposed regulations containing changes to the prohibition on pairing HRAs with individual health policies, as well as other changes to...

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Uncle Sam Is Buying Your Next Business Meal – at Least Half of It!


By and on Oct 11, 2018
Posted In Employee Benefits, Executive Compensation

Tax reform made many structural changes to our tax system. Changes to Code Section 274, however, sent shudders through corporate America. As amended, Code Section 274 eliminated the 50 percent deduction for “entertainment” expenses that are related to business activities. Sadly, gone are the days of companies deducting the cost of box tickets to games...

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ESOP Fiduciary Responsibility for Value Determination


By on Jun 21, 2018
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans

Emily Rickard presented “ESOP Fiduciary Responsibility for Value Determination” at the National Center for Employee Ownership National Conference addressing the fiduciary duties involved in the selection of an ESOP appraiser and the review of a valuation report. View the full presentation.

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