A recent wave of cases has attempted to apply the theory of liability for retirement plan excessive fee cases to health plans – specifically, arrangements with pharmacy benefit managers.
Though the cases thus far have...more
4/11/2025
/ Benefit Plan Sponsors ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Excessive Fees ,
Fiduciary Duty ,
Health Insurance ,
Health Plan Sponsors ,
Pharmacy Benefit Manager (PBM) ,
Prescription Drugs ,
Retirement Plan ,
Standing
The Employee Retirement Income Security Act (ERISA) prohibits employers who offer health and welfare benefit plans from discriminating against plan participants on the basis of a health status-related factor, such as a...more
12/3/2024
/ Anti-Discrimination Policies ,
Benefit Plan Sponsors ,
Compliance ,
Department of Labor (DOL) ,
Discrimination ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Fiduciary ,
Loper Bright Enterprises v Raimondo ,
Pending Litigation ,
Plan Participants ,
Putative Class Actions ,
Tobacco ,
Tobacco-Cessation ,
Wellness Programs
The U.S. District Court for the Northern District of Illinois held that Kronos Inc., a vendor of biometric time clocks that allow employees to sign in and out using a fingerprint or handprint, could be liable for violations...more
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act (ERISA) disputes were not arbitrable. The...more
8/27/2019
/ 401k ,
Appeals ,
Arbitration ,
Charles Schwab ,
Class Action Arbitration Waivers ,
Duty of Loyalty ,
Duty of Prudence ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Employment Litigation ,
Fiduciary Duty ,
NLRA ,
Plan Documents ,
Precedential Opinion ,
Prohibited Transactions ,
Putative Class Actions ,
Unenforceable Contract Terms