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Employers Continue to Face ERISA Tobacco Surcharge Lawsuits, With Mixed Results
Husch Blackwell 
Aug. 6, 2025 "Given the current legal landscape, tobacco cessation wellness programs carry both regulatory and fiduciary compliance obstacles. To avoid the risk of lawsuits and penalties, employers should ... [1] Review and update wellness program design ... [2] Engage and undergo annual fiduciary best practices compliance training ... [3] Offer a reasonable alternative standard ... [4] Provide retroactive reimbursement ... [5] Encourage robust notice and disclosure ... [6] Maintain consistent and prudent administration." MORE >> |
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