The ERISA Working Group, a division of the National Association of Insurance Commissioners (NAIC), is considering establishing a drafting group to address the Employee Retirement Income Security Act (ERISA) preemption of state pharmacy benefit manager (PBM) laws. The NAIC has called for interested insurance regulators to contact them. If the NAIC follows through with its intentions, state insurance regulators could Read More
Employer Health Plans Vulnerable to ERISA Suits
After conducting an American workplace survey on fiduciary requirements in employee benefits plans, researchers at Duke University are warning that U.S. employers with such plans are vulnerable to lawsuits. According to the survey results, many employers fail to meet even basic guidelines for performing fiduciary duties. As the researchers explain, this omission can easily result in costly lawsuits. The Employee Read More
Trump Issues Executive Order Broadening Assets for 401(k) Investments
President Donald Trump recently issued an executive order (EO) to facilitate retirement plans’ investments in a wider range of assets, including cryptocurrency and private equity. The purpose of the EO is to allow the more than 90 million Americans with defined-contribution retirement plans to access the same range of assets as public and government pension plan workers. Removal and modification of existing Read More
Federal Court Refines Enforcement Mechanisms for MHPAEA Claims
In Perrone v. Blue Cross Blue Shield of Mich., 2025 WL 2027540 (W.D. Mich. 2025), a group health plan participant sued Blue Cross Blue Shield (BCBS) when it denied his claim for a stay at an out-of-network mental health treatment facility. The participant alleged that he had received confirmation by phone that his stay would be covered. In his suit, he sought recovery of benefits under the Employee Retirement Income Read More
Seventh Circuit Decision Sets Forth New FLSA Certification Standard
In its August 2025 decision in Richards v. Eli Lilly & Co. et al., the U.S. Court of Appeals for the Seventh Circuit has fundamentally altered how federal courts manage actions under the Fair Labor Standards Act (FLSA). The ruling governs courts within the Seventh Circuit, including courts in Illinois, Indiana, and Wisconsin. Increased rigor in the FLSA certification standard may save employers substantial Read More
DOL Plan to Shutter OFCCP Next Year and Transfer Oversight to Other Agencies
The U.S. Department of Labor (DOL) has confirmed its plans to eliminate the Office of Federal Contract Compliance Programs (OFCCP), which governs and enforces federal contractor responsibilities. The DOL’s proposed 2026 budget allocates no funding or staff to OFCCP. According to a DOL spokesperson, the DOL intends to reassign OFCCP’s duties under Section 503 of the Rehabilitation Act to the U.S. Equal Employment Read More
California Labor Commissioner Awards $8.55 Million in Grants to Local Prosecutors
As part of the Workers’ Rights Enforcement Grant program established in 2023, the California Labor Commissioner’s Office has awarded $8.55 million in grants to 16 local prosecutors. The purpose of these grants is to help local governments enforce labor laws, including wage payment violations and other employment practices illegal under state law. Usage of these grants is likely to result in an increased number of Read More
Class Achieves Partial Victory in United Mental Health Claims Battle
A California federal district court judge has entered judgment in part in favor of both a class of patients and United Behavioral Health (UBH) in a fight over coverage for mental health and substance abuse disorder treatments. The court found that UBH’s overly restrictive coverage guidelines breached fiduciary duties under the Employee Retirement Income Security Act (ERISA). The case is Wit et al. v. Read More
As Employers Struggle with Uncertain Tariffs, Pharmacy Benefits May Help Contain Costs
Employee benefits are one of the most expensive expenditures for employers, and the rate of pharmacy benefit spending is rapidly increasing. However, employers and workers can take steps to save money, which is even more crucial with tariffs currently causing widespread uncertainty. Digital Advances Facilitate Choice The traditional pharmacy benefit manager (PBM) model limits consumer knowledge about Read More
The GOP Tax Bill and Its Effect on Employee Benefits
The Republican tax and policy bill that President Donald Trump has now signed into law contains various provisions that affect attorneys who handle employee benefits and executive compensation. The major takeaways from the bill are as follows: No Changes to Existing Retirement and Health Tax Provisions The most recent budget reconciliation bill made no changes to existing individual and business tax provisions Read More
