The ERISA Industry Committee (ERIC), the Chamber of Commerce of America, and the American Benefits Council have filed an amicus brief in Hutchins v. HP, Inc. This case, which is currently pending before the U.S. Court of Appeals for the Ninth Circuit, is a class action lawsuit in which retirement plan participants are challenging the use of “forfeited” money from 401(k) and 403(b) plans to pay administrative plan Read More
Trump Administration’s DOL Shifts Policies on Employee Benefits
Since President Donald Trump took office in January 2025, the U.S. Department of Labor (DOL) has modified its policies on various issues related to employee benefits. These policy changes include a pause on mental health parity enforcement, rescission of guidance on cryptocurrency for 401(k) plan fiduciaries, and replacement of the environmental, social, and governance (ESG) rule when retirement plans are choosing Read More
Anthem Settles Mental Health Class Action for Nearly $13M
Anthem will settle a proposed class action lawsuit alleging violations of the Employment Retirement Income Security Act (ERISA) and mental health parity laws at a cost of about $12.9 million. The case is Marissa Collins et al. v. Anthem Inc. et al., case number 2:20-cv-01969, in the U.S. District Court for the Eastern District of New York. The participants in employer-provided health plans administered by Anthem Read More
U.S. Supreme Court Upholds Constitutionality of Affordable Care Act Preventive Care Advisory Panel
The U.S. Supreme Court has issued a 6–3 decision upholding the constitutionality of an advisory panel that chooses the benefits to be included in the Affordable Care Act’s preventive benefits package. In the majority opinion authored by Justice Brett Kavanaugh, the court held that Robert F. Kennedy, Jr., Secretary of the U.S. Department of Health and Human Services (HHS), has sufficient authority over the U.S. Read More
Judge Approves Historic $69M Settlement in UnitedHealth 401(k) Suit
A federal judge has given final approval to a historic $69 million settlement in a class action lawsuit over UnitedHealth Group’s 401(k) plan. The plaintiffs alleged that UnitedHealth violated their fiduciary duties under the Employee Retirement Income Security Act (ERISA) by retaining the poorly performing Wells Fargo target date funds in the company’s 401(k) plan. Judge R. Tunheim of the U.S. District Court of Read More
4 Argument Sessions Benefits Attys Should Watch In August
By Kellie Mejdrich Law360 (August 1, 2025, 5:57 PM EST) -- The Ninth and Eleventh circuits in August will hear from employers fighting trial court decisions refusing to kick proposed class actions into individual arbitration. Here's a look at four coming oral argument sessions in Employee Retirement Income Security Act litigation that should be on benefits lawyers' radar. 401(k) Arbitration Fight at 9th Read More
Budget Reconciliation Bill and Changes to HSAs
In the race to pass a budget reconciliation bill by President Donald Trump’s self-imposed deadline of July 4, 2025, the House and Senate initially proposed varying provisions in the bill about health savings accounts (HSAs). While the House made major changes to the HSA section, the Senate’s version of the bill stripped out those changes. Ultimately, Congress adopted only one major change to HSAs, which involves Read More
Senators Urge DOL to Reinstate Cryptocurrency Guidance for 401(k) Plans
Under former President Joe Biden, the U.S. Department of Labor (DOL) issued a warning to fiduciaries in 2022 about the potential hazards of adding a cryptocurrency option to their 401(k) plans. However, in May 2025, the DOL abruptly rescinded that guidance. In response, four ranking Democratic members of the Senate are urging DOL Secretary Lori Chavez-DeRemer to recognize the “extremely volatile” nature of Read More
Federal Judge Saddles CVS Caremark with $95 Million Judgment
A federal judge in Pennsylvania recently issued a ruling finding that CVS Caremark Corp., a pharmacy benefits manager (PBM), owed the federal government $95 million for overbilling Medicare Part D-sponsored drugs. The Court did not rule on the government's request for treble damages, leaving that issue for a later date after the parties have briefed it. When Caremark handled Medicare Part D sponsored plans for Read More
EEOC Acting Chair Claims Agency Subject to Presidential Orders, Not an Independent Agency
Andrea Lucas, Acting Chair of the U.S. Equal Employment Opportunity Commission (EEOC), stated during her confirmation hearing that the agency is not independent and is subject to lawful presidential directives. Questioning by Democratic lawmakers during her confirmation hearing led Lucas to acknowledge that her 2021 social media post (then on Twitter) incorrectly characterized the EEOC as an independent agency. She Read More
