The U.S. Court of Appeals for the Sixth Circuit has revived an Employee Retirement Income Security Act (ERISA) lawsuit filed by a yacht company against Blue Cross Blue Shield of Michigan (BCBSM) over excessive healthcare fees. The appellate court held that the lower federal district court erred in dismissing the suit, alleging that BCBSM had violated its fiduciary duties by charging excessive fees and engaging in Read More
Ninth Circuit Upholds Constitutionality of California’s Employee Classification Test
The U.S. Court of Appeals for the Ninth Circuit recently unanimously upheld a federal district court’s denial of a preliminary injunction in a suit challenging the constitutionality of California’s employee classification test. In its ruling, the appellate court rejected a trucking association’s challenges to the 2020 law under the dormant commerce and equal protection clauses of the U.S. Constitution. The case is Read More
Workers Sue Cigna Alleging Misuse of Forfeited 401(k) Funds
Cigna employees have filed a lawsuit against the company for allegedly violating its fiduciary duties under the Employee Retirement Income Security Act (ERISA). The claims stem from Cigna allegedly using forfeited funds from the company’s 401(k) plan to reduce its contributions to the plan rather than to reduce or eliminate participant administrative costs. The case is Reven et al. v. The Cigna Group 401(k) Plan Read More
DOL Announces It Will Not Enforce Biden-Era Independent Contractor Rule
The U.S. Department of Labor’s Wage and Hour Division (DOL) recently issued a bulletin announcing that its field staff will no longer utilize the agency’s 2024 independent contractor rule in enforcing the Fair Labor Standards Act (FLSA). The DOL bulletin directs staff to apply a 2008 fact sheet and a 2019 opinion letter in cases where individuals or the agency have received no payments for back pay or civil Read More
HHS Settles Potential HIPAA Violations for $600,000 After Phishing Attack
The U.S. Department of Health and Human Services (HHS) has announced a $600,000 settlement with an entity covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) following a phishing attack. The settlement involves PIH Health, Inc., a California-based health network. The HHS Office of Civil Rights (OCR) began investigating the incident after receiving a report in January 2020 that a Read More
Episode 5: Driving Business Success Through Smart Compensation Strategy
; Listen to the Podcast Episode on Episode Summary: This episode highlights how in-house legal and HR leaders can work together to align compensation strategies with business objectives, manage compliance, and adapt to an evolving regulatory landscape. David Hall speaks with Mark Beatty, SVP of Global Total Rewards at Paramount, about his career shift from law to HR, the changing landscape of Read More
The Impact of Trump’s Tariffs on Individual 401(k) Retirement Plans
Retirement plan trading activity was high in the first quarter of 2025 —even before Trump announced his new tariff policy—and has fluctuated significantly on a day-to-day basis since. As a result, March 2025 was the most active month for retirement plan trading since 2020. However, the S&P 500 Index recently lost $2.4 trillion in one day. Not surprisingly, Americans are panicking as they see their retirement Read More
Senate Judiciary Committee Asks FTC to Release Prescription Drug Market Report
The Senate Judiciary Committee unanimously approved the bipartisan Prescription Pricing for the People Act of 2025. The Act requires the Federal Trade Commission (FTC) to issue a final report on the prescription drug market. The report must include the overall impact of how pharmacy benefit managers (PBMs) and other third parties affect how much patients and insurance companies pay for drugs. The FTC released an Read More
House Rep. Reintroduces Association Health Plan Acts Bill
Rep. Tim Wahlberg, R-Mich., has reintroduced the Association Health Plan (AHP) Acts bill, which now may have a better chance of success. AHPs allow individuals or employers to join together to purchase health care coverage more easily. Walberg has been a long-time supporter of AHPs and has introduced similar bills since 2018. However, he now serves as the chairman of the House Education and the Workforce Read More
Jury Awards Bank Workers $38M in Pentegra 401(k) Excessive Fee Lawsuit
Following a rare trial in a 401(k) excessive fee lawsuit in a New York federal district court, the jury awarded more than $38 million to over 26,000 current and former bank employees. The case is Khan et al. v. Board of Directors of Pentegra Defined Contribution Plan, No. 7:2020cv07561 (S.D.N.Y. 2023). The case involves the Multiple Employer Defined Contribution Plan for Financial Institutions, which Pentegra’s Read More
