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  • December 16, 2016

Church’s “Public Accommodation” and Gender Identity

The question of churches and gender identity have again come to the forefront of the news. The recent events in North Carolina and the recent joint guidance provided by the U.S. Departments of Education and Justice have raised issues of religious freedom and civil rights. Churches have expressed questions on (i) whether church buildings and services are required to comply with the recent joint guidance provided by the U.S. Departments of Education and Justice, (ii) whether churches are exempt from this joint guidance and/or state law, and (iii) if compliance is mandated, what liability do churches face in failing to…

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  • November 30, 2016

Employee Benefit Plans and the Voluntary Fiduciary Correction Program

The Voluntary Fiduciary Correction Program (“VFCP”), sponsored by the Employee Benefits Security Administration of the Department of Labor, provides relief from civil liability and an exemption from excise taxes under the Internal Revenue Code (“IRC”). VFCP is designed to encourage self-correction of certain violations and fiduciary breaches of the Employee Retirement Income Security Act of 1974. VFCP covers many different transactions. One of the most commonly violated transactions that it covers is delinquent contributions. Plan sponsors have a fiduciary responsibility to ensure that participant contributions are deposited in a plan’s trust on a timely basis. Participant contributions are defined as…

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