The U.S. Department of Labor (DOL) recently sent a letter to the U.S. Court of Appeals, for the 7th Circuit, urging the court to vacate its dismissal of an ERISA class action concerning Northwestern University’s 403(b) retirement plan. The case at issue is Laura Divane et al. v. Northwestern University et al., case number 18-2569. An Illinois federal district court originally dismissed the ERISA suit filed by Read More

Plan sponsors must understand the intersection of claims procedures under the Employee Retirement Income Security Act (ERISA), and the mandate to keep individually identifiable health information confidential, under the Health Insurance Portability and Accountability Act (HIPAA). This understanding is particularly important when plan sponsors receive letters or requests for information from third parties. The U.S. Read More

The U.S. Department of Health and Human Services (HHS) has announced increases to civil monetary penalties assessed after March 17, 2022, for statutory violations. Although HHS is supposed to adjust these penalties by January 15 of each year, these adjustments have come at irregular intervals. For instance, HHS missed the January 15 deadline for 2021 and 2022, with the most recent adjustment occurring on November 15, Read More

Capital One Financial Corp. has filed a motion to dismiss an ERISA suit, arguing that there is insufficient evidence that it mismanaged its 401(k) plan. In Morales v. Capital One Financial Corp. et al., case number 1:21-cv-01454, U.S. District Court for the Eastern District of Virginia, the proposed class of Capital One 401(k) plan participants claims that Capital One violated ERISA by violating its fiduciary duty to Read More

The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) issued Compliance Assistance Release No. 2022-01 on March 10, 2022. This release warns plan fiduciaries to exercise extreme caution before adding a cryptocurrency investment option to their 401(k) plan’s investment menu for participants. Fiduciary Duties Under ERISA ERISA fiduciaries must exercise a professional standard Read More

President Biden issued a Notice on the Continuation of the National Emergency Concerning the Coronavirus Disease 2019 (COVID-19) Pandemic on February 18, 2022. In this Notice, President Biden extended the National Emergency scheduled to end on March 1, 2022. The previous administration initially declared the National Emergency on March 13, 2020. The latest extension of the National Emergency is expected to last at Read More

Yale University and its employees asked a federal court to approve a $1.29 million settlement in a disability and genetic information bias lawsuit. The case is Lisa Kwesell et al. v. Yale University, case number 3:19-cv-10980, U.S. District Court for the District of Connecticut. Yale workers filed a proposed class action lawsuit in 2019, alleging that the university had violated the Americans with Disabilities Act Read More

The U.S. Supreme Court denied a petition to review a recent ruling by the U.S. Court of Appeals for the Ninth Circuit that upheld the legality of California’s automatic retirement savings program. The case is Howard Jarvis Taxpayers Association et al. v. California Secure Choice Retirement Savings Program et al., case number 21-558. California created CalSavers in 2012 and required California employers with five Read More

Costco Wholesale Corp. and plaintiff John G. Baja asked a Florida federal district court to approve their $750,000 settlement in a proposed class-action lawsuit, challenging the retail giant’s allegedly deficient COBRA notices. Baja claimed that the defective notices about Costco’s continuing health care options, upon the occurrence of qualifying events, deterred him and thousands of others from choosing the Read More