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New 401(k) Lawsuit Challenges Stable Value Fund

"The lawsuit alleges that plan fiduciaries breached their fiduciary duties of prudence and loyalty by selecting the Fidelity stable value fund ... and retaining it in the plan, even though it was significantly riskier and provided inferior returns than comparable funds." [Hensley v. Molson Coors Beverage Co. USA LLC, No. 25-1371 (E.D. Wis. complaint filed Sep. 9, 2025)]

Fiduciary Considerations Highlighted as Recordkeeper Sued for Misusing 401(k) Participant Data

"Plan fiduciaries should [1] understand the services their 401(k) plan recordkeeper is providing in its capacity as recordkeeper and any ancillary 'non-plan' services it intends to provide.... [2] understand how their recordkeeper is compensated for any ancillary 'non-plan' services ... [3] understand how their 401(k) plan's recordkeeper can utilize plan and participant data.... [4] negotiate to restrict the recordkeeper's use of plan and participant data for non-plan purposes to the extent the recordkeeper's use of the data will not benefit participants." [Williams‑Linzey v. Empower Advisory Group, LLC, No. 25‑14660 (D.N.J. complaint filed Aug. 15, 2025)

New Lawsuit Challenges Employer-Provided Health Plan Options

"The lawsuit alleges that the plan's fiduciaries violated ERISA and breached their fiduciary duties by offering employees a medical plan option that provided insufficient value compared to an alternative option offered to employees. The plaintiffs allege that the 'premium' plan option -- which charges higher premiums in exchange for lower deductibles and cost sharing -- is financially dominated by the 'value' plan option because the lower cost sharing does not sufficiently outweigh the higher premium." [Barbich, Lindvall & McFarland v. Northwestern Univ., No. 25‑06849 (N.D. Ill. complaint filed June 20, 2025)

Nonenforcement Policy Doesn’t Make Mental Health Parity Compliance Optional

"[T]he nonenforcement policy ... does not apply to the 2013 regulations or the MHPAEA statutory requirements, including the nonquantitative treatment limitation comparative analysis report requirement added by the Consolidated Appropriations Act, 2021.... [P]lan sponsors should still ensure that they have obtained a thorough comparative analysis report, and that the plan complies with the mental health parity requirements specified in the statute and the 2013 regulations, including the quantitative treatment limitation and financial requirements."

Extensive Allegations of New Lawsuit Highlight Best Practices for 401(k) Plan Fiduciaries

"Regardless of the outcome of this lawsuit, the extensive allegations highlight the importance for 401(k) plan fiduciaries to follow best practices to best position the plan fiduciaries if faced with a lawsuit, or hopefully avoid a breach of fiduciary duties lawsuit altogether." [Rudasill v. Swiss Re American Holding Corp., No. 25-1403 (S.D.N.Y. complaint filed Feb. 19, 2025)]

Navigating the Wave of Tobacco Surcharge Lawsuits

"These lawsuits typically allege that the employer and its health plan fiduciaries breached their fiduciary duties under [ERISA] ... because of some combination of the following: [1] the wellness program does not provide a compliant reasonable alternative standard because the individual must become tobacco free, [2] a participant who completes the smoking cessation program (or other) alternative is not able to avoid the full amount of the surcharge for the plan year, and/or [3] a reasonable alternative standard, such as a smoking cessation program, was not disclosed to participants."

The New HIPAA Reproductive Health Rule: What You Need to Know

"To ensure compliance, providers, other covered entities, and business associates need to do the following before December 23, 2024: [1] Review and modify your HIPAA policies and procedures and train employees concerning the Rule. [2] Review and consider modifying authorizations or request for information forms to ask if the person is seeking RPHI. If no RPHI is sought, then the Rule does not apply.... [3] Draft and use a compliant attestation or adopt and use the OCR model attestation when the provider or business associate receives requests for RPHI."

Are You Ready for Section 1557's Upcoming Deadlines?

"The Final Rule continues to prohibit discrimination on the basis of race, color, national origin, sex, age, or disability, but there are several new twists. And while many requirements under the Final Rule became effective on July 5, 2024, various provisions have staggered effective dates."

Heads California, Tails Carolina: Employer Considerations Following Wave of 401(k) Forfeiture Lawsuits

"With 401(k) plan documents typically providing discretion to use forfeited amounts to offset future employer contributions and the IRS approving such an approach, it would appear the employers and their 401(k) plan fiduciaries did nothing wrong, and these lawsuits should be dismissed for failing to state a claim.... [O]ne potential approach for an employer to minimize exposure to a similar lawsuit is to amend its 401(k) plan to require forfeitures to be applied to offset future employer contributions."

All Employer-Sponsored Benefit Plans Now Must Be Alert to Cybersecurity

"[Compliance Assistance Release No. 2024-1] makes clear that the cybersecurity guidance issued in 2021 is applicable to ALL types of ERISA plans -- including health and welfare plans. The EBSA estimates that there are 153 million participants in private sector ERISA-governed plans, which includes 2.18 million health plans."