The state of Colorado has made history as its Prescription Drug Affordability Review Board has placed a price limit on the prescription drug Embrel from Immunex Corp. Embrel is used to treat rheumatoid arthritis and other autoimmune diseases. The Colorado Consumer Health Initiative estimates that the price cap could save consumers $32 million in drug spending. About 60% of the 2,500 individuals in Colorado who Read More
ICHRA Legislation Reboot May Attract Bipartisan Support Amidst Government Shutdown
Although lawmakers of both parties failed to include a law concerning Individual Coverage Health Reimbursement Arrangements (ICHRAs) into the One Big Beautiful Bill Act (OBBBA), efforts are underway to “reboot” ICHRA through a stand-alone bill. Republican lawmakers in the House and Senate have both introduced versions of a new ICHRA bill. Supporters of ICHRAs praise them for expanding access to more affordable and Read More
Trump to Impose 100% Tariff on Some Imported Prescription Drugs
President Donald Trump recently posted on Truth Social that he intends to impose a 100% tariff on some imported prescription drugs, effective October 1, 2025. The 100% tariff has not been widely implemented as of October 30, 2025, but its threat remains an active tool for pressuring pharmaceutical companies. The new tariff would affect both brand-name prescription medications and patented medical products. The only Read More
District Court Greenlights ERISA Fiduciary Breach Claim for Lack of Disclosures and No Surprises Act Claim
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
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
