Law360 (February 14, 2025, 7:11 PM EST) -- Skyrocketing prescription drug costs and a proliferation of state laws are driving renewed calls from employers and benefit plan administrators for Congress to enact federal legislation changing how pharmacy benefit managers do business, experts say.Employee benefits and healthcare industry groups are redoubling efforts to have Congress pass a set of new reporting and rebate Read More
Congress Passes Two Laws Aimed to Reduce Employer and Insurer ACA Reporting
On January 3rd, Congress passed two bills that decrease the amount of reporting that employers and insurers must complete under the Affordable Care Act (ACA). The Paperwork Burden Reduction Act and the Employer Reporting Improvement Act, which the President signed into law, change employer and insurer notices to individuals required by the ACA. Under the ACA, employers and insurers who provide minimum essential Read More
Apple Advises Shareholders to Vote Against Anti-DEI Proposal
Apple disclosed in a proxy statement filing with the U.S. Securities and Exchange Commission (SEC) that the National Center for Public Policy, a conservative think tank, will propose that Apple cease all its diversity, equity, and inclusion (DEI) activities at its upcoming shareholder meeting. In response, Apple advised its shareholders to vote against the proposal, characterizing it as an inappropriate attempt to Read More
DOL Issues Annual Civil Penalties Adjustments for 2025
The U.S. Department of Labor (DOL) has issued the Federal Civil Penalties Inflation Adjustment Act Annual Adjustments for 2025. As per 2016 legislation, DOL must make certain adjustments to some civil penalty amounts no later than January 15th of each year. The penalty amounts apply to various benefit plan compliance failures and represent maximum penalty amounts. As a result, the DOL can issue lower penalties for Read More
Meta Ends All DEI Programs
Meta has ended its diversity, equity, and inclusion (DEI) programs in its latest moves, seemingly designed to gain favor with the incoming Trump administration. The change comes three days after Meta announced the ending of a fact-checking program, which many believe unfairly and adversely affected conservatives. In announcing the immediate elimination of DEI programs, Janelle Gale, vice president of human Read More
Amazon Faces Class Action Lawsuit for Mismanagement of $350M in Forfeited 401(k) Plan Contributions
Like many other employers, Amazon is now facing a class action lawsuit by its retirement plan participants over their disposition of forfeited 401(k) plan contributions. In their suit, the plaintiffs allege that Amazon used forfeited retirement funds to offset company contributions to the plan rather than to benefit participants by reducing plan fees. Other companies, such as Bank of America and Wells Fargo, have Read More
Return-to-Office Mandate Prompts EEOC Lawsuit and Settlement
Following Amazon’s return-to-work mandate, about a third of American companies plan to issue a similar mandate that requires employees to spend five days per week in the office. However, one Arizona court case illustrates how forced return-to-office (RTO) policies may not be the best strategy. Bell Road Tire and Auto LLC, d/b/a Big O Tires, implemented a 100% RTO policy for all employees. A disabled employee asked Read More
Supreme Court’s Transgender Case May Affect Travel Benefits
The U.S. Supreme Court recently held arguments in U.S. v. Skrmetti, which addresses the legality of Tennessee and Kentucky state laws banning gender-affirming care for minors. If the Court upholds the law as expected, some employers may consider providing travel benefits to allow employees and their dependents to seek types of healthcare prohibited by state law. Employers also could offer such benefits when covered Read More
DOL Withdraws Tipped-Wage Rule
The U.S. Department of Labor (DOL) has withdrawn a rule relating to the payment of tipped employees under the Fair Labor Standards Act (FLSA). The U.S. Court of Appeals for the Fifth Circuit vacated the 2021 DOL rule in an August 2024 court decision. The now vacated and withdrawn rule, which was known as the “80/20/30,” “80/20,” or “20%” rule, identified three categories of work: Tip-producing work serving Read More
6 Argument Sessions Benefits Attys Should Watch In Feb
Law360 (January 31, 2025, 7:50 PM EST) -- The en banc Eleventh Circuit will consider whether federal anti-discrimination law bars a Georgia county health plan from refusing to cover a worker's gender-confirmation surgery while the Second Circuit will hear from an NBA referee defending his win in a pension payout case. Here, Law360 looks at these and four other upcoming oral arguments benefits attorneys should Read More
