Cigna Health and Life Insurance Company recently agreed to settle a proposed class action lawsuit following mediation. Plan participants claimed in the suit that Cigna violated the Employee Retirement Income Security Act (ERISA) when it advertised to plan participants certain providers as in-network who were in fact out-of-network. The case is Hecht et al. v. The Cigna Group, Case Number 1:24-cv-05926, U.S. District Read More
USAID Workers Achieve Class Action Status in DOGE Lawsuit
A federal court has certified a class action in the case of Does v. Musk, 2025 BL 291150, D. Md., No. 25-0462-TDC, 8/18/25. The case involves U.S. Agency for International Development (USAID) employees who are part of a mass layoff directed by Elon Musk’s Department of Government Efficiency (DOGE), which plans to merge USAID with the U.S. State Department. The certification ensures that the USAID employees may pursue Read More
U.S. Supreme Court Grants Cert in Multiemployer Pension Plan Case
The U.S. Supreme Court is poised to hear a case during its next term that focuses on how multiemployer pension plans determine withdrawal liability when employers leave the plans. The Court’s decision in M & K Employee Solutions LLC v. Trustees of IAM National Pension Fund could have significant effects for small, unionized employers. Although a relatively small percentage of employers contribute to multiemployer Read More
Vaccine Coverage Complexities Set in as FDA Tightens Access to COVID Vaccines
U.S. Food and Drug Administration (FDA) officials withdrew emergency use rules for some COVID-19 vaccinations and implemented stricter access rules for other COVID-19 vaccinations. The move has made employer coverage of COVID shots and other vaccinations far more complicated, even as a new wave of U.S. COVID infections has surged. Currently, U.S. residents are experiencing about 3.5 million new infections per week, Read More
Health Plans, Courts Struggle with Transgender Healthcare Access
Following the U.S. Supreme Court’s June 18, 2025 decision in United States v.Skrmetti upholding Tennessee’s law regulating gender-affirming care for minors, appellate courts continue to grapple with related transgender healthcare issues. As a result, employer-sponsored health plans continue to seek clarity on whether federal anti-discrimination laws mandate coverage for transgender healthcare access. On September 9, Read More
Wells Fargo Removes All Diversity Language from Website
An examination of Wells Fargo’s website reveals that the company has quietly removed all language related to diversity. The company previously had a DEI program page, but it has now rebranded the program as one of “inclusion and accessibility.” Earlier this year, Wells Fargo announced that hiring managers no longer had to consider diverse candidates for upper-level positions. In August, protestors targeted the Read More
Federal Courts Evaluate Tobacco Surcharges and Alternatives in Employer Health Plans
Federal district courts in Minnesota and Illinois recently considered the legality of tobacco surcharges in employer-sponsored group health plans, as well as the reasonable alternative standards for employer wellness plans, under the Employee Retirement Income Security Act (ERISA). The cases are Chirinian v. Travelers Cos., Inc., 2025 WL 2147271 (D. Minn. 2025) and Buescher v. N. Am. Lighting, Inc., 2025 WL Read More
Forfeiture Claim Dismissed, Excessive Fee Claim Survives in Novo Nordisk 401(k) Suit
A New Jersey federal district court judge granted a partial motion to dismiss in a Novo Nordisk 401(k) suit alleging violations of the Employee Retirement Income Security Act (ERISA). The judge cut claims that Novo Nordisk illegally used forfeited funds to pay future employer contributions to the plan and maintained a poorly performing target date fund in its plan. The case is Fumich et al. v. Novo Nordisk Inc. Read More
Eleventh Circuit Skeptical of Arbitration Provision Validity in ESOP Conflict
A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit appeared skeptical of an arbitration provision in a legal technology company’s employee stock ownership plan (ESOP). The judges appeared unlikely to force arbitration after hearing arguments in the Employee Retirement Security Insurance Act (ERISA) lawsuit alleging that the company’s ESOP shares were undervalued in a plan termination. The case Read More
Class Action Over 401(k) Forfeitures and Fees Against Energy Co. Survives Dismissal
A Florida federal district court judge recently denied NextEra Energy’s motion to dismiss a proposed Employee Retirement Income Security Act (ERISA) class action filed by John Stewart, an employee who participates in the company’s 401(k) plan. The participant claims that the energy company misappropriated forfeited funds and a recordkeeper illegally profited from plan earnings. The case is Stewart v. NextEra Read More
