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Employee Ownership Blog

Loren Rodgers

The State of Worker Cooperatives 2019

On January 29, the U.S. Federation of Worker Cooperatives and the Democracy at Work Institute released their annual report on the state of worker cooperatives (registration required) in the U.S. The report notes that there are 465 known worker cooperatives, which is a slight increase from the 450 known cooperatives in the 2017 report. Worker cooperatives employ 6,454 people and generate annual revenue of approximately $505 million. They're situated throughout the country, with concentrations in the San Francisco Bay Area, the corridor from Washington, D.C., to Boston, and Puerto Rico. 






Corey Rosen

Supreme Court Remands Stock Drop Case to Consider Insider Information Issues

In Jander v. Retirement Plans Committee of IBM (2nd Cir. Dec. 10, 2018), the Second Circuit ruled that the Dudenhoeffer rule that "[t]o state a claim for breach of the duty of prudence on the basis of inside information, a plaintiff must plausibly allege an alternative action that the defendant could have taken that would have been consistent with the securities laws and that a prudent fiduciary in the same circumstances would not have viewed as more likely to harm the fund than to help it" raised conflicting standards. The court ruled that the plaintiffs in a case involving stock in IBM’s 401(k) plan had convincingly argued that early disclosure and correction of financial issues raised about accounting and other irregularities at its microelectronics division (which was ultimately sold) could have done more good than harm. The defendants appealed to the Supreme Court.



Loren Rodgers

NCEO Board Election: Ballots Open on January 7

Members in good standing of the NCEO will receive an email on Tuesday, January 7, 2020, announcing the board elections. The email will include a link to a confidential electronic ballot. Directors will be selected through this election and appointment by existing board members for the upcoming board term, which runs from April 1, 2020, through March 31, 2023. Balloting will end on January 17. 


Corey Rosen

IRS Rules That Typical ESOP Floor Price Protection Plans Are Taxable

In General Legal Advice Memo 2019-03, the IRS ruled that payments from a company to a former employee under an ESOP price protection plan are immediately taxable if made directly to the employee, but not if the employer makes a special "qualified non-elective contribution" to the plan that is allocated to the former employee’s account and then distributed as part of the ultimate account distribution. Once those funds are distributed, they would be taxed under normal distribution rules.