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Employee Retirement Income Security Act (ERISA) › Tobacco › Employer Group Health Plans

Husch Blackwell LLP

Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results

Husch Blackwell LLP on

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

Ward and Smith, P.A.

Part 2 in Heatwaves of Drama: A Case Study in "What Not To Do" for Southeastern HR Professionals

Ward and Smith, P.A. on

The session used the firm’s signature Live-Action Role-Play (LARP) technique to feature insights from Ken Gray, leader of the Labor and Employment Law Group, Amy Fitzhugh, a professional licensing attorney, and Hayley Wells,...more

Holland & Hart - The Benefits Dial

Smoke ‘Em One By One … Navigating the Wave of Tobacco Surcharge Lawsuits

Holland & Hart - The Benefits Dial on

Over the past several months, numerous large employers and their health plan fiduciaries have faced lawsuits regarding their health plan’s tobacco surcharge. A tobacco surcharge wellness program typically charges a higher...more

Holland & Knight LLP

Understanding the Recent Wave of Litigation Targeting Tobacco-Free Wellness Programs

Holland & Knight LLP on

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

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

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