Employee sued her former employer's retirement plan for fiduciary mismanagement; Ninth Circuit upheld denial of arbitration, finding the plan's class-action waiver unenforceable under ERISA's effective-vindication doctrine.
Friday, July 31, 2026
№ 21Court Decisions (1)·Retirement Plans (5)·Health & Welfare (4)·Case Commentary (8)·Regulatory & Guidance (2)
The One Thing
The DOL's proposed e-disclosure safe harbor carries a catch plan sponsors may not expect: despite the name, it doesn't cover email. Aon's compliance team flags that PHI concerns keep direct email delivery off the table for group health plan disclosures entirely, so administrators must instead post documents online and rely on a Notice of Internet Availability, the same web-and-notice structure IRS and DOL built for retirement plans back in 2020. Comments on the proposal are due September 21, 2026.
Court Decisions (1)
Retirement Plans (5)
But in the 401(k) business, the cheapest option often becomes the most expensive one in the long run.
Learn three key considerations for choosing a pension administration software vendor and avoiding costly surprises.
The IRS has extended the public comment period on its Employee Plans Compliance Resolution System (EPCRS) information collection through September 25, 2026.
However, when you look at it closely, especially in relation to the selection of any of these innovative DC lifetime income programs, you can see its relevance to the analyst, as least requiring they know something about it.
She passed away last year. I have four sisters, one of whom withdrew her portion last year.
Health & Welfare (4)
On July 23, 2026, the U.S. Department of Labor (DOL) issued proposed regulations that would establish a new safe harbor allowing group health plan administrators to use electronic media to furnish documents and information to participants and beneficiaries under ERISA.
This column explores IRS guidance on these arrangements and potential risks to employers under federal law.
The New Jersey Legislature recently adopted two bills that extend and expand telehealth flexibilities regarding payors and controlled dangerous substances.
Employers who offer an on-site health clinic as an employee benefit may not realize it can qualify as an ERISA group health plan in its own right, which can trigger COBRA notice obligations most sponsors don't associate with an in-house clinic.
Case Commentary (8)
As discussed in a previous Holland & Knight alert, there has been an emerging wave of Employee Retirement Income Security Act of 1974 (ERISA) class actions challenging employers' tobacco-free wellness programs.
The article explores the recent increase in litigation involving tobacco cessation programs and the compliance issues employers should consider.
On June 11, the U.S. District Court for the Northern District of California issued the first-ever ruling to squarely address whether restricted stock units must be included in the regular rate of pay when calculating overtime under the Fair Labor Standards Act.
On July 7, 2026, the U.S. Court of Appeals for the D.C.
Memorial Hermann Health System, a Texas nonprofit hospital system, has settled a suit under the Employee Retirement Income Security Act (ERISA) relating to 401(k) plan fees and fund choices.
Bessemer System Federal Credit Union sued TruStage Financial Group days after a cybersecurity incident forced TruStage, which serves 93% of U.S. credit unions, to shut down its systems and lock members out of 401(k) plans. The suit is an early test of whether institutional clients can hold a vendor liable for cybersecurity failures based on operational disruption alone, without proof that data was actually stolen.
A closer read of the Bessemer FCU filing against TruStage shows the complaint specifically alleges some credit unions temporarily lost employee access to 401(k) and other retirement accounts when TruStage shut its network down after the July 15 breach. A concrete look at how a recordkeeping vendor's outage becomes a retirement-plan access problem for plan sponsors.
A vendor-risk-management take on the TruStage outage, aimed at institutions that rely on outside providers for retirement and investment account services. Steve Fochler walks through practical steps for assessing exposure and preparing a response before a critical vendor's own incident becomes an operational problem for your own members or participants.
Regulatory & Guidance (2)
Aon's compliance team breaks down the DOL's newly proposed electronic disclosure safe harbor for group health plans, including who counts as a covered individual, what documents are covered, the required Notice of Internet Availability, and a rule that blocks disclosure by email itself due to PHI concerns. Comments on the proposed rule are due September 21, 2026.
Lockton reviews the DOL's newly proposed rule letting group health plan administrators default to posting disclosures online and notifying participants by email instead of mailing paper copies, with participants still able to request paper or opt out entirely. Comments on the proposed rule are due September 21, 2026.