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Employer Considerations as New Lawsuits Challenge Voluntary Benefits
Holland & Hart LLP
Jan. 7, 2026 "[F]our employers [have been ] sued ... for allegedly breaching ERISA fiduciary duties regarding their voluntary benefits insurance offerings.... The complaints ... allege that the named employers do not rely on the exemption and instead operate their voluntary benefit programs as subject to ERISA. Whether this allegation is true or not, it serves as a reminder to employers who do wish to avoid ERISA that the exemption for voluntary benefits is not automatic." [Brewer v. CHS/Community Health Systems, Inc., No. 25-15578 (N.D. Ill. complaint filed Dec. 23, 2025); Braham v. Laboratory Corp. of Am. Holdings, No. 25-15583 (N.D. Ill. complaint filed Dec. 23, 2025); Fellows v. Universal Serv. of Am, LP, No. 25-10659 (S.D.N.Y. complaint filed Dec. 23, 2025); Pimm v. United Airlines, Inc., No. 25-15581 (N.D. Ill. complaint filed Dec. 23, 2025)] MORE >> |
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