Part of the “ERISA – You’ll Need a Lawyer for That” series.
On March 30, 2026, the U.S. Department of Labor (“DOL”) proposed a new rule offering a safe harbor for fiduciaries under ERISA in connection with selecting designated investment alternatives for participant-directed defined contribution plans, such as 401(k) plans (the “Proposed Rule”). The Proposed Rule implements Section 3(c) of President Trump’s Executive Order 143300, Democratizing Access to Alternative Assets for 401(k) Investors (such executive order, “EO 14330” was discussed in detail in a prior Epstein Becker Green Blog linked here).
Recent Updates
- Executive Order 14398 Survives Preliminary Challenge: What Contractors and Subcontractors Should Know with Respect to DEI
- How Employers Can Manage Shorter EEOC Charge Response Deadlines
- Menopause as a Protected Class: Growing Trend or a Hot Flash?
- The Second Circuit Joins Fellow Circuits in Extending Limitations on Mandatory Arbitration Agreements
- Updating Your First Aid Kit: What Employers Need to Know About Opioid Antagonist Requirements in New York