"Any period of incapacity experienced before childbirth will be considered a serious health condition eligible for FMLA leave ... [A]ny time taken before delivery will shorten the amount of FMLA leave [available] postpartum.... [S]tates may afford employees with more expansive rights under their own family and medical leave laws."  MORE >>

"Unum's argument that Schwartz's condition was 'situational' and not disabling was roundly rejected. The court emphasized that her symptoms persisted both during and after her employment and had worsened upon attempts to return to work. Unum's failure to exercise its contractual right to conduct an in-person examination also undermined the credibility of its denial." [Schwartz v. Unum Life Insurance Company of America, No. 24-2444 (N.D. Cal. Jul. 1, 2025)]  MORE >>

"Although the Court was clear in stating that the employee had no employment reserve protection under the WACA because the 12-month employment reserve had expired, the Court held that under the circumstances of this case the employer could not simply use this reason as the only justification to terminate her employment." [Méndez Ruiz v. Techno Plastics Industries, Inc., 2025 TSPR 68 (P.R. Jun. 26, 2025)]  MORE >>

"Hidden fees show up in many forms: [1] Embedded costs in claims payments; [2] Third-party vendors being paid through the claims system; and [2] 'Free' point solutions whose compensation is invisible to employers. Ask yourself: If you're not cutting a check to a vendor, how are they getting paid? What impact does that have on your claims, your premiums and your fiduciary duty?"  MORE >>

"At the end of 2024, a record 25.4 million people had insurance through ACA marketplace plans and other nongroup plans, driven by more than 22 million subsidized enrollees. Those numbers are set to drop going into 2026, with the pending termination of enhanced subsidies ... [S]pikes in proposed 2026 ACA premiums [include]: More than 20% in Rhode Island and Washington, 19% in Pennsylvania, more than 17% in Connecticut and Maryland, and more than 13% in Massachusetts."  MORE >>

"Justice Brett Kavanaugh's ensuing opinion for the court ... repeatedly emphasized that the secretary's power to hire and fire at will 'provides the Secretary with a means of ensuring that no recommendation that he disapproves will take effect.' The critical question now is thus one about deference to scientific expertise, and how the court now sees that question after overruling Chevron last year. Even as Braidwood gives the secretary such control, will rational, evidence-based decision-making still be required?" [Kennedy v. Braidwood Management, Inc., No. 24-316 (S. Ct. Jun. 27, 2025)]   MORE >>

"After having been left out of the initial House bill, the Act includes the long-awaited telehealth extension.... Although employees may want to take advantage of the increase in the DCAP contribution limit, employers should continue to run and monitor DCAP nondiscrimination testing ... Employers that want to offer [Trump Account] contributions to their employees will need a formal plan document and will need to comply with certain nondiscrimination testing rules."  MORE >>

"The case underscores the limits of arbitral authority and offers important guidance for ERISA plan sponsors navigating disputes governed by arbitration clauses." [Nalco Co. LLC v. Bonday, No. 22-13546 (11th Cir. July 10, 2025)]  MORE >>

"Good plan governance provides a roadmap for and is the key to fulfilling ERISA fiduciary responsibilities well.... [T]he governance structure sets out the various responsibilities and applicable deadlines, how those responsibilities will be fulfilled, and who is responsible for taking action. Good governance requires effective delegation, committee charters, regular oversight of plan providers and input from qualified investment and legal professionals."  MORE >>