Recently, companies have seen a spate of class action lawsuits challenging the legality of tobacco cessation wellness programs and related tobacco surcharges imposed by their employer-sponsored health benefit plans....more
8/6/2025
/ Benefit Plan Sponsors ,
Class Action ,
Corporate Counsel ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Enforcement Actions ,
ERISA Litigation ,
Fiduciary Duty ,
Health and Welfare Plans ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Violations ,
Notice Requirements ,
Popular ,
Regulatory Requirements ,
Tobacco ,
Wellness Programs
On April 17, 2025, the Supreme Court decided Cunningham v. Cornell University, unanimously holding that a plaintiff can state a valid claim under ERISA by merely alleging that a plan used “plan assets” to pay a service...more
4/25/2025
/ 401k ,
Benefit Plan Sponsors ,
Cunningham v Cornell University ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
ERISA Litigation ,
Fiduciary Duty ,
Motion to Dismiss ,
Prohibited Transactions ,
Retirement Plan ,
SCOTUS
On December 30, 2021, the Department of Labor (DOL) issued a temporary enforcement policy and guidance regarding group health plan service provider disclosures under section 408(b)(2) of the Employee Retirement Income...more
On February 26, 2021, the Department of Labor, the Treasury Department and Internal Revenue Service issued clarifying guidance regarding COVID-19-related deadline extensions under the Internal Revenue Code, ERISA, COBRA and...more
3/18/2021
/ COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Disaster Aid ,
EBSA ,
Employee Retirement Income Security Act (ERISA) ,
Filing Deadlines ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Internal Revenue Code (IRC) ,
IRS ,
Time Extensions ,
U.S. Treasury
The Consolidated Appropriations Act, 2021 expands the service provider compensation disclosure rules to group health plans. Under Section 408(b)(2) of ERISA, any covered service provider that expects to receive at least...more