In an ongoing battle over its deferred compensation plan, Morgan Stanley has asked a panel of the U.S. Court of Appeals for the Second Circuit to condemn the lower court's finding that its plan falls under the Employee Retirement Income Security Act (ERISA). Even though the financial services firm won its bid to compel arbitration, it continues to argue that the court improperly considered whether its plan is subject Read More

The U.S. Department of Labor (DOL) has announced an opinion letter program that five of its agencies will utilize to create more accessible guidance concerning federal labor laws. Participating agencies include the Employee Benefits Security Administration (EBSA), the Wage and Hour Division, the Occupational Safety and Health Administration (OSHA), the Veterans’ Employment and Training Service, and the Mine Safety Read More

In Karyn D. Stanley v. City of Sanford, Case Number 23-997, the U.S. Supreme Court held that former employees who are unable to fulfill their job duties due to disability may not bring an Americans with Disabilities Act (ADA) claim concerning changes to their post-employment health benefits. Seven of the nine justices agreed that the ADA prohibits discrimination only against employees who can complete their job Read More

The Court has issued a memorandum opinion in Micone v. iProcess Online, Inc., 2025 WL 1158885 (D. Md. 2025), which concerns the mishandling of 401(k) participant contributions. After an investigation into the employer’s 401(k) plan funds, the U.S. Department of Labor (DOL) sued the company, which also served as plan sponsor and ERISA plan administrator. The DOL claimed that the fiduciaries failed to deposit Read More

A federal district court has barred enforcement of the 2024 regulations concerning Section 1557 of the Affordable Care Act (ACA) as to members of a Catholic employer association. The Court found that the 2024 regulations, which contain a ban on discrimination based on gender identity, violate the sincerely held religious beliefs of association members under the Religious Freedom Restoration Act (RFRA). The case is Read More

Federal legislation concerning prescription drug prices, including the regulation of drug manufacturers, health insurance companies, or pharmacy benefit managers (PBMs), has gained no momentum amidst partisan bickering and pharmaceutical company lobbying. In response, some states are moving ahead with their legislation to rein in prescription drug prices. Whether these bills will reduce costs or create burdens Read More

As part of UnitedHealth Group’s massive $69 million settlement over poorly performing target date funds in its 401(k) plan, the attorneys who filed the class action lawsuit have requested the court order $23 million in attorneys’ fees. The attorneys at Sanford Heisler Sharp and Halunen Law included one-third of the settlement amount in fees, $735,163 in litigation costs, and a $50,000 service award for class Read More

A Virginia federal district court recently denied the employer’s motion to dismiss a class action lawsuit brought by wellness program participants over tobacco surcharges. The case is Bokma v. Performance Food Grp., Inc., 2025 WL 1452042 (E.D. Va. 2025). The Court referenced an April 2025 ruling in another federal district court (Mehlberg v. Compass Grp. USA, Inc., 2025 WL 1260700 (W.D. Mo. 2025)), in which that Read More

Amidst legal challenges, the current Trump administration indicated in a court filing that it will not enforce the mental health parity rule while it considers whether to rescind it. The U.S. Departments of Labor, Health and Human Services, and Treasury also issued a joint statement announcing that they would not pursue enforcement action concerning the rule for at least 18 months following a final decision in the Read More

After six years of litigation, a three-judge panel of the Ninth Circuit has dismissed a 401(k) lawsuit filed by Intel employees against the company. The employees alleged that including private equity funds and hedge funds as investment options in its two defined contribution plans was a breach of fiduciary duties under the Employee Retirement Income Security Act (ERISA).  The decision underscores that ERISA does Read More