Federal district courts in Minnesota and Illinois recently considered the legality of tobacco surcharges in employer-sponsored group health plans, as well as the reasonable alternative standards for employer wellness plans, under the Employee Retirement Income Security Act (ERISA). The cases are Chirinian v. Travelers Cos., Inc., 2025 WL 2147271 (D. Minn. 2025) and Buescher v. N. Am. Lighting, Inc., 2025 WL Read More
Forfeiture Claim Dismissed, Excessive Fee Claim Survives in Novo Nordisk 401(k) Suit
A New Jersey federal district court judge granted a partial motion to dismiss in a Novo Nordisk 401(k) suit alleging violations of the Employee Retirement Income Security Act (ERISA). The judge cut claims that Novo Nordisk illegally used forfeited funds to pay future employer contributions to the plan and maintained a poorly performing target date fund in its plan. The case is Fumich et al. v. Novo Nordisk Inc. Read More
Eleventh Circuit Skeptical of Arbitration Provision Validity in ESOP Conflict
A three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit appeared skeptical of an arbitration provision in a legal technology company’s employee stock ownership plan (ESOP). The judges appeared unlikely to force arbitration after hearing arguments in the Employee Retirement Security Insurance Act (ERISA) lawsuit alleging that the company’s ESOP shares were undervalued in a plan termination. The case Read More
Class Action Over 401(k) Forfeitures and Fees Against Energy Co. Survives Dismissal
A Florida federal district court judge recently denied NextEra Energy’s motion to dismiss a proposed Employee Retirement Income Security Act (ERISA) class action filed by John Stewart, an employee who participates in the company’s 401(k) plan. The participant claims that the energy company misappropriated forfeited funds and a recordkeeper illegally profited from plan earnings. The case is Stewart v. NextEra Read More
NAIC May Weigh in on Fray Between State PBM Laws and ERISA Preemption
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
