"[Employers] should carefully consider whether the voluntary benefits they offer fit within the DOL's safe harbor ERISA exemption for voluntary programs.... [S]eemingly innocuous actions can render the exemption inapplicable, which means that the voluntary programs are subject to ERISA, including its fiduciary rules. While these rules and the fiduciary duties they impose on health and welfare plan sponsors are not new, they have recently become the focus of plaintiffs' attorneys."  MORE >>