DOL Commits to Provide Long-Sought Regulatory Clarity with Stakeholder Input on the Valuation of Company Shares to be Bought by an ESOP
Washington, D.C., April 14, 2023 – In a major victory for Employee Stock Ownership Plans (ESOPs), the U.S. Department of Labor has committed to move forward with a public notice and comment rulemaking on a key regulation the community has sought since ESOPs were first created in 1974. The regulation will clearly define Adequate Consideration under Section 408(e) of the Employee Retirement Income Security Act of 1974 (ERISA).
The ESOP Association
ESOP Association Resources
Sep. 22
Washington, D.C. – The ESOP Association (TEA) today exercised its rights under the Administrative Procedure Act to petition the U.S. Department of Labor (DOL) to undertake a long-delayed rulemaking essential to the formation and ongoing operation of ESOPs. Since 1974, the Department of Labor has steadfastly refused to fulfill requirements of the Employee Retirement Income Security Act (ERISA) in violation of Congressional direction and stakeholders’ rights under the Administrative Procedure Act (APA).
Jun. 26
On June 22nd, the Small Business Administration (SBA) and Department of the Treasury released revisions to the interim final rule on forgiveness and the interim final rule on loan review procedures for PPP loans.
Jun. 24
Companies planning to re-open their doors have a new resource to help them: The Occupational Safety and Health Administration (OSHA) has released guidance employers should use when developing policies and procedures that ensure the safety and health of their employees.
Jun. 19
Wednesday, The Small Business Administration (SBA) released two important documents related to the Paycheck Protection Program (PPP):
Jun. 10
New guidance from The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) outlines the differences between cloth face coverings, surgical masks and respirators.
Jun. 04
PPP loan recipients gain new flexibility, while retaining loan forgiveness.
Apr. 27
There has been a clear shift in the political environment propelled by public discussions of certain large, public companies obtaining loans under the Paycheck Protection Program (the “PPP”) authorized by the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”), including Shake Shack, Ruth’s Chris and others[1]. During this time, many small businesses have been quoted in the press expressing frustration with their inability to access the PPP program prior to the first round of guarantee authority being exhausted.
Apr. 24
New guidance assures that ESOP companies are eligible for key federal relief under the Paycheck Protection Program.
Apr. 24
New guidance and a resource page from the EEOC can help reduce risk as employers make plans to reopen their businesses.