ERISA Insights

Supreme Court Accepts Cert in PBM Preemption Case

The Supreme Court has just granted certiorari in another ERISA case—Pharm. Care Mgmt. Ass’n v. Rutledge, 891 F.3d 1109 (8th Cir. 2018). In Rutledge, the Eighth Circuit held that ERISA preempts an Arkansas’ statute regulating pharmacy benefit managers’ drug reimbursement rates with pharmacies. Following prior...

Fifth Circuit Strikes Down ACA’s Individual Mandate, for Now

The “ACA Wars” continue, with the Fifth Circuit holding that the Affordable Care Act’s individual mandate is unconstitutional. In Texas v. United States, 945 F.3d 355 (5th Cir. 2019), the Fifth Circuit addressed yet another challenge to the ACA, this time stemming from Congress’ decision...

Sample ADA Notice for Wellness Programs

The EEOC has published a sample notice intended to help employers comply with the notice requirement under the new Americans with Disabilities Act (ADA) final rule (published on May 17, 2016). The final rule requires employers offering wellness programs that collect employee health information to...

ADA & Obesity

The ADA is one of those places where benefits law and employment law overlap. That’s when we work with our friends over in Dorsey’s Labor & Employment Group. Jessica Shiffman and Joel O’Malley have a recent post on their “Quirky Questions” blog on the ADA and...

…More on the Final Fiduciary Rule

So April has finally arrived … and so has the final fiduciary rule–as Andrew Holly mentions in our prior post. It comes about 40 years after the Department of Labor first published a fiduciary rule. That was before 401(k) plans and when ETFs were nothing...

Final Fiduciary Rule

Today the Department of Labor released its long-anticipated revisions to ERISA’s definition of who is a fiduciary. (See next post for links.) Although the DOL claims to have “streamlined” the rule in response to industry criticism (and extended the implementation period), this rule may significantly...

Employer Stock Roundtable

We had a great client Dorsey Roundtable this morning to discuss employer stock in retirement plans. It’s been a few years now since the 2013 blockbuster opinion from the Supreme Court (back when they had 9 justices) in Fifth Third Bancorp v. Dudenhoeffer that gave...

ACA Reporting Anecdotes

ACA Filing Extensions. Here’s the latest from our ACA-anecdotes desk. Many employers seem to be sticking to (or close to) the original February 1, 2016 deadline for issuing Form 1095 to employees. This is largely to avoid confusion with employees. Many employers haven’t made a...