LinkedIn Faces Digital Privacy Class Actions for Tracking User Personal and Health Care Information

LinkedIn, the world's largest professional networking social media site, faces three class action lawsuits brought under the California Invasion of Privacy Act (CIPA). Individuals who made appointments through the websites of three healthcare companies brought suits, alleging that LinkedIn was violating the CIPA by accessing their private personal and healthcare information. They claim that LinkedIn installed its Read More

DOL Issues Guidelines Concerning Integration of AI Platforms into the Workplace

The U.S. Department of Labor (DOL) recently issued guidelines for employers on principles and best practices for artificial intelligence (AI) and employer well-being. These guidelines build on the Biden administration’s 2023 executive order on AI, which stressed the need to ensure that AI supports and provides worker opportunities rather than harms and expands inequalities. The Partnership on AI, which consists of Read More

NYC Council Ponders Giving Employees Paid Time Off to Care for Sick Pets

The New York City Council is considering a bill (Int. 1089-2024) that would provide paid time off for New York City workers to care for their pets. The council planned to refer the bill to its Consumer and Worker Protection Committee. If passed, New York City would be one of the only jurisdictions in the nation to mandate paid time off for workers to care for their sick or injured animals. A local law in Read More

6th Circ. Revives Kellogg 401(k) Fee Suit After Arbitration Dismissal

The U.S. Court of Appeals for the Sixth Circuit has reversed a Michigan federal district court’s April 2023 dismissal of a 401(k) plan mismanagement class action against Kellogg, finding that an arbitration provision in the plan didn’t preclude the claims. The case is Bradley Fleming v. Kellogg Co. et al., case number 23-1966, in the U.S. Court of Appeals for the Sixth Circuit. Former Kellogg employee Bradley H. Read More

Class Action Claims Campbell Soup Co. Charges Smokers More for Health Insurance

Employees of Campbell Soup. Co. have filed a class action lawsuit in a New Jersey federal district court, claiming that the company unlawfully charges smokers higher premiums for health insurance in violation of ERISA. According to the employees, tobacco surcharges are permissible under ERISA only if they are part of a wellness program meeting strict criteria. More specifically, the wellness program must promote Read More

IRS Releases Adjustments to 2025 Maximums – Administrative, Procedural, and Miscellaneous Items

The Internal Revenue Service (IRS) has released Rev. Proc. 2024-40, which contains inflation-adjusted items for 2025 in over 60 provisions of the Internal Revenue Code. These changes will impact taxpayers filing tax returns in 2026. The following changes are of particular importance to plan sponsors and employers. Health Flexible Spending Cafeteria Plans RP 2024-40 increases the dollar limitation for Read More

Healthcare and Employee Benefits Issues at Forefront in Upcoming Presidential Election

The outcome of the current presidential race, along with control of both houses of Congress, will have a significant impact on many healthcare and employee benefits issues, at least for the next four years. These issues include the Affordable Care Act (ACA), Medicare, Medicaid, prescription drug pricing, and transparency in healthcare costs, among other issues. No matter which political party controls the White Read More

DOL Orders Remote Workers Back to the Office Despite Union Pushback

The National Council of Field Labor Locals (NCFLL), the DOL’s largest employee union, which represents about 7,500 employees, has announced that the U.S. Department of Labor (DOL) is requiring remote workers to return to the office as of December 1, 2024. In November 2023, the DOL issued a return-to-office mandate for remote workers beginning in January 2024. NCFLL challenged the requirement, which DOL deferred until Read More

IRS Issues Guidance on Treatment of Inadvertent Benefits Overpayments

Section 301(b) of Division T of the SECURE 2.0 Act added provisions to the Internal Revenue Code (IRC) to address the requirements of inadvertent overpayments and their treatment as eligible rollover distributions. The Internal Revenue Service (IRS) issued Notice 2024-77 on October 15, 2024, providing important guidance and clarification on treating inadvertent benefits overpayments. The Notice also contains guidance Read More

IRS Relief for Disaster Victims Now Includes Those Affected by Hurricane Milton

The Internal Revenue Service (IRS) offers administrative tax relief in various forms to victims living in areas that the Federal Emergency Management Agency (FEMA) or the White House has declared a major disaster area. In August, the IRS extended relief to those affected by Tropical Storm Debby and in September to those affected by Hurricane Helene. An IRS announcement dated October 11, 2024, states that the agency Read More