The Office of Civil Rights (OCR) of the U.S. Department of Health and Human Services (HHS) has reached a settlement with a medical provider concerning a Health Insurance Portability and Accountability Act (HIPAA) violation. The violation at issue, which resulted in a fine of more than $35,000, involved improper disclosure of protected health information (PHI).
OCR initiated an investigation after
GardaWorld, a security company, has moved to dismiss a proposed class action lawsuit over monthly surcharges in its health insurance plan for participants who use tobacco or refuse COVID-19 vaccines. In its motion, GardaWorld argues that the surcharges comply with the Employee Retirement Income Security Act (ERISA). The case is Artis et al. v. GardaWorld Cash Service Inc., case number
The U.S. Government Accountability Office (GAO) recently released a report on crypto assets in 401(k) plans. The GAO found that the lack of federal oversight and data collected on these assets could leave workers solely responsible for monitoring their crypto investments.
According to the GAO, the U.S. Department of Labor (DOL) has limited data concerning crypto assets in 401(k) plans.
Benefits attorneys should be mindful of three appellate arguments that were scheduled for December 2024.
U.S. Supreme Court to Hear Arguments in Tennessee Gender-Affirming Care for Minors Case
In United States v. Skrmetti et al., case number 23-477, the Supreme Court will consider whether the 14th Amendment’s equal protection clause applies to access to gender-affirming care for minors in Tennessee.
U.S. Citizenship and Immigration Services (USCIS) has published a final rule that permanently increases the automatic extension period for certain immigrants’ employment authorization documents (EADs). The rule, which takes effect on January 13, 2025, automatically extends the EAD renewal period from 180 to 540 days.
According to USCIS, the increased extension period will help ensure that individuals do not experience
Kimberly-Clark has reached a $2.25 million settlement with participants and beneficiaries of the company’s 401(k) plan in an ERISA suit involving excessive fees. Two former Kimberly-Clark employees, the named class members in the suit, asked a Texas federal court to preliminarily approve the settlement agreement to end the case, which has been pending for three years. The case is Seidner
The U.S. Court of Appeals for the Fifth Circuit has vacated a National Labor Relations Board (NLRB) decision that forced Elon Musk to delete a 2018 anti-union tweet. The NLRB found that Musk’s tweet, which focused on the potentially negative consequences of Tesla workers unionizing, was an unlawful threat under Section 8(c) of the National Labor Relations Act (NLRA).
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In Muldrow v. St. Louis, the U.S. Supreme Court ruled that a transferred employee must prove “some harm” regarding an identifiable term or condition of employment to maintain a discrimination claim under Title VII. This standard of proof is different and lower than some circuit courts of appeal have required in the past. Therefore, Muldrow will significantly influence future
The Employee Benefits Security Administration (EBSA) of the U.S. Department of Labor (DOL) has announced that it is collecting voluntary data from retirement plan administrators to populate its new Retirement Savings Lost and Found database. Section 303 of the SECURE 2.0 Act directs DOL to consult with the Department of Treasury to establish this database by December 29, 2024. The
The Internal Revenue Service (IRS) recently issued Notice 2024-80, which makes adjustments to the annual contribution limits for qualified defined contribution plans and individual retirement accounts (IRAs) for the 2025 tax year.
Qualified Defined Contribution Plans
The annual contribution limit for workers participating in qualified defined contribution plans, which include 401(k), 403(b), and most 457 plans, and the federal