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Employee Retirement Income Security Act (ERISA) Surcharges

Keating Muething & Klekamp PLL

Benefits Monthly Minute - May 2025

The May Monthly Minute brings you up-to-date on mental health parity enforcement relief, as well as smoker surcharge and prohibited transaction litigation. Nonenforcement of 2024 Mental Health Parity Regulations - Earlier...more

Jackson Lewis P.C.

Tobacco Surcharge Litigation Flares Up

Jackson Lewis P.C. on

Although the Department of the Treasury, Department of Labor, and Department of Health and Human Services believe that wellness programs are delivering on their promise of improving health and reducing costs, one type has...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

Fisher Phillips on

A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

UB Greensfelder LLP

What Employers Should Know About Tobacco Surcharge Litigation

UB Greensfelder LLP on

Tobacco surcharges have become the focus of class action litigation in recent months. Although corporate wellness programs are commonplace, employers that impose a tobacco surcharge (or other premium discount) in connection...more

Troutman Pepper Locke

Can Fourth Circuit Plaintiffs be Granted "Surcharge" as a Remedy for Breach of Fiduciary Duty Under ERISA?

Troutman Pepper Locke on

Q: Can Fourth Circuit plaintiffs be granted “surcharge” as a remedy for breach of fiduciary duty under ERISA?...more

Fox Rothschild LLP

Medical Plan Surcharge for COVID-19 Unvaccinated - Checklist for Plan Sponsors

Fox Rothschild LLP on

A medical plan surcharge for the COVID-19 unvaccinated is workable, but complex. To implement such a surcharge, plan sponsors need to make sure they take several steps. Here is a handy checklist... ...more

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