A federal district court recently allowed claims under the Employee Retirement Income Security Act (ERISA) and the No Surprises Act to proceed but dismissed various other claims. More specifically, the court refused to dismiss an ERISA fiduciary breach claim for failing to make certain required disclosures and a claim under the No Surprises Act for failing to update a provider directory. In Orrison v. Mayo Read More
November 2025 | Joyful Thanksgiving Wishes from Hall Benefits Law
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Federal Court Rules ERISA Doesn’t Preempt Arkansas PBM Rule
An Illinois federal district court has ruled that the Employee Retirement Income Security Act (ERISA) does not preempt an Arkansas Insurance Department (“the Department”) rule that regulates pharmacy benefit managers (PBMs). The case is Central States, Southeast and Southwest Areas Health and Wellness Fund et al. vs. McClain. Rule 128 requires ERISA-governed plans to report certain information about compensation Read More
Myths about Pay Transparency for Employers
Pay transparency is increasingly becoming a business requirement. Many states require job postings to include salary ranges, and state laws mandating pay transparency are only expanding. Due to the increasing requirements concerning pay transparency, employers need to not only be aware of their duties under pay transparency laws but also move toward practices that embrace them. As a result, employers must recognize Read More
Law Firms Accused of Misusing Employee 401(k) Funds in Violation of ERISA
Plan participants filed a class action suit under the Employee Retirement Income Security Act (ERISA) against their employer, Husch Blackwell LLP, a Kansas City law firm. The suit alleges that the law firm misused employee 401(k) contributions to fund operating expenses and other breaches of fiduciary duty. The suit, which is now pending in the U.S. District Court for the Western District of Missouri, alleges Read More
6th Circuit Imposes Higher Standard for Harassment Cases Involving Employees and Customers
The U.S. Court of Appeals for the Sixth Circuit recently considered the legal standard that employees must meet to sue their employers for harassment by customers. Although most courts have applied a negligence standard, the Sixth Circuit imposed a higher intent-based standard. The case is Bivens v. Zep Inc., 6th Cir., No. 24-2109 (Aug. 8, 2025). Zep Inc. is a manufacturer and distributor of cleaning products to Read More
Final Regulations from Treasury and IRS Implement SECURE 2.0 Act Provisions
The Department of the Treasury and the Internal Revenue Service (IRS) recently issued final regulations that address and implement various provisions of the SECURE 2.0 Act. One of the major topics in these regulations is the new Roth IRA catch-up rule. Catch-up contributions are those that employees aged 50 or older make as additional contributions to a 401(k) or another workplace retirement plan. The Roth Read More
How Employers Should Prepare as ICE Conducts Record-Breaking Worksite Raids
In early September, U.S. Immigration and Customs Enforcement (ICE) officers executed their largest immigration raid at a single worksite in U.S. history. ICE detailed about 475 workers at the Hyundai Motor battery plant outside of Savannah, GA. More than 300 of the workers detained by ICE were South Korean nationals, who were present for a joint venture between Hyundai and LG Energy Solution to manufacture electric Read More
Congressional Democrats Propose Bill Limiting Insurers from Acquiring Health Clinics and Practices
A coalition of Congressional democrats has introduced the Patient Over Profits (POP) Act, which directly targets UnitedHealth Group and its subsidiary, Optum. The legislation is designed to restrict large insurance companies like UnitedHealth from acquiring health clinics and practices. Cosponsors of the bill include U.S. Sens. Edward Markey and Alexandria Ocasio-Cortez, supported by Sens. Jeff Merkley and Elizabeth Read More
DOL Finds Morgan Stanley’s Deferred Compensation Program Exempt from ERISA
The U.S. Department of Labor (DOL) has issued Advisory Opinion 2025-03A, in which it resolves a dispute over Morgan Stanley’s deferred compensation program, which provides incentive awards to financial advisors. In its opinion, the DOL found that the program is a bonus, not a pension plan subject to the Employee Retirement Income Security Act (ERISA). The impact of the DOL opinion for Morgan Stanley employees is Read More
