Benefits Compliance in 2022
Jan 26, 2022 10:25:50 AM / by Brandy Guevara posted in hr compliance, HR Professionals, webinar, seminar, benefits compliance
How to Survive a DOL Audit
Jul 13, 2021 10:15:00 AM / by Jeremy Hertz posted in webinar, DOL Audit
Highlights from the Form 5500 Filing Webinar
Jun 14, 2021 10:37:06 AM / by Filice Compliance posted in 5500, webinar
Ask Jamie: COVID-19 FAQs
Jan 25, 2021 10:45:00 AM / by Jamie Paiste posted in California, California Employers, California Insurance, California Insurance Commissioner, covid19, City of Los Angeles Supplemental Paid Sick Leave, FAQ, CDC, online claim, City of San José Urgency Ordinance
In 2020, we started the year with a global pandemic that was constantly putting employers through interesting challenges. Pre-COVID-19 times were challenging enough for employers regarding labor law compliance. Fast forward to the present, COVID-19 is still making it much more difficult for management and HR professionals not only to comply with labor laws and continuously changing guidance but to also ensure the safety of their employees from the virus.
What Your Employees Ask: Why Should I Get Voluntary Life Insurance?
May 15, 2020 10:00:00 AM / by Alex Hays posted in What Your Employees Ask
CA Insurance Commissioner Conducts Town Hall Meetings
May 5, 2020 8:44:00 AM / by Jeff Bader posted in California, California Employees, California Employers, California Insurance, return of premium, California Insurance Commissioner, workers comp, town hall meeting
The CA Department of Insurance has completed a handful of Town Hall meetings this week and last via County specific webinars. County Supervisor Cindy Chavez hosted the Santa Clara County Town Hall with Commissioner Lara last week. Here’s some key take-aways (much of the dialog was re: Workers Comp and P&C).
Preventing Remote Employee Burnout
Apr 27, 2020 9:15:00 AM / by Michelle Montoya posted in work from home, burnout, shelter in place, manage workload hours, work life balance, address employee concerns

If you’re anything like me, when Governor Newsom announced the stay-in-place restrictions, you found it disconcerting, but looked at how your company would continue forward with optimism. “This will just be a couple weeks. We can do it. My team is strong. Working from home will be a new adventure!” But now that we are looking at six weeks with no set return date in sight, and you see first-hand the financial devastation this pandemic is bringing, it’s taking a real effort to keep that optimism in place. And an even bigger effort to ensure your employees stay productive and avoid burnout.
We have done lots of things at Filice to keep our employees engaged…many thoughtful and some silly…but all with a goal of doing our best to help our team navigate this difficult time, so that they can help our clients do the same.
And me? When I am overwhelmed I write. So check out my newest

article on helping your employees avoid burnout. And let me know your thoughts and suggestions. We all need good ideas. Please share them if you have them.
Download the PDF or read the full blog below.
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Preventing Remote Employee Burnout
The shift to telecommuting and the use of some amazing technology has made it possible for employees to work at home while staying safe and preventing the spread of COVID-19, but after five weeks, it has also created more than a few challenges. Employees at all levels are showing signs of increased stress and burnout is becoming a real concern.
What is burnout?
Burnout is a state of emotional, physical, and mental exhaustion caused by excessive and prolonged stress. It occurs when people feel overwhelmed, emotionally drained, and unable to meet constant demands.
What Your Employees Ask: What Can I Do During Quarantine?
Apr 15, 2020 9:00:00 AM / by Alex Hays posted in What Your Employees Ask
Retirement Doctor: The Difference Between 3(21) and 3(38) Fiduciary Advisors
Jul 11, 2019 11:20:43 AM / by Mike Rogers posted in 401(k) plan, 401(k) plan sponsor, 401(k), best practices, ERISA, Audit
Is it surprising or scary that too many 401(k) advisors are still unfamiliar with ERISA terms like 3(38) and 3(21)? Probably both. In short the difference depends on how much liability you want to mitigate.
3(21) Co-Fiduciary – “Help me”
- Shared fiduciary liability between the client and advisor for the plan investments.
- The 3(21) advisor recommends the selection and replacement of plan investment options, but the plan sponsor must approve changes.
- 3(21) advisors are suitable for plan sponsors that are comfortable assuming investment fiduciary liability.
- Majority of investment responsibilities are lifted from the plan sponsor and assumed by the 3(38) advisor.
- The 3(38) advisor is responsible for the investment selection, monitoring and replacement of plan options, and the plan sponsor is informed before any changes are made.
- 3(38) advisors are suitable for plan sponsors that don’t have the time and/or do not want to be responsible for the plan’s investments.
- We are starting to see more employers embrace the 3(38) option.
While involving a 3(38) ERISA manager means the sponsor can outsource their fiduciary responsibility, there’s a catch, which resides in the wording of “…if an investment manager is properly appointed.” Plan sponsors must approve the 3(38) investment manager, and properly document the due diligence involved in doing so, something that too many plan sponsors fail to realize.
Referring to a 2017 survey from Charles Schwab, 52% of participants indicated they don’t have the time, interest, or knowledge to manage their 401(k) portfolio. Additionally, 56% indicated they either aren’t aware or don’t review plan-related education material.
So, which type of advisor is best for your plan? It is important that plan sponsors review their relationship with their advisor and determine they are handling the plan appropriately, depending on the capacity in which they are involved.
For help reviewing your advisor relationship and better assessing your options and liability exposure, as always, contact our knowledgeable advisors at Filice Retirement Services.