BENEFITS DIGEST

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A publication of The Inner Firm

Wednesday, August 5, 2026

№ 24

21 items · ~4 min read

Retirement Plans (7)·Health & Welfare (4)·Executive Compensation (1)·Case Commentary (9)

The One Thing

A novel lawsuit against Thermo Fisher argues that a 401(k) lineup without a fossil-fuel-free equity option violates a Christian employee's religious rights, casting investment menu design as a faith-based accommodation under the Supreme Court's Groff standard. If the theory gains traction, sponsors could face accommodation demands aimed at the plan menu itself, a channel entirely separate from ERISA's fiduciary rules. One to watch closely, whatever the district court does with it.

Retirement Plans (7)

How Flexible Can Annuities Be?
PLANSPONSOR 2026-08-03

Questions of portability and flexibility for both plan sponsors and participants can impede adding guaranteed retirement income offerings.

Health & Welfare (4)

DOL Proposes Rule to Modernize ERISA Health Plan Disclosure Delivery
Davis Wright Tremaine LLP · via JD Supra 2026-08-04

The U.S. Department of Labor issued a proposed rule that would bring group health plans in line with the electronic disclosure rules already applicable to retirement plans, creating a safe harbor that lets health plans deliver required disclosures electronically by default.

Sunlight Will Soon Shine on Group Health Plan Fees
Holland & Hart LLP · via JD Supra 2026-08-04

The Consolidated Appropriations Act (CAA) of 2021 expanded service provider fee disclosure requirements already in place for retirement plans to apply to group health plans.

ICHRA Interest Is Not a Predictor of Adoption
PLANSPONSOR 2026-08-03

A study by EBRI and Morgan Health found employers are interested in adopting individual coverage health reimbursement accounts, but knowledge gaps and hesitation to implement remain.

Executive Compensation (1)

Case Commentary (9)

Major Win for Employers: Apple’s RSUs Are Excluded From FLSA Regular Rate
Constangy, Brooks, Smith & Prophete, LLP · via JD Supra 2026-08-05

In what appears to be the first published federal court decision to squarely address the issue, a federal court in California recently ruled that restricted stock units, commonly referred to as “RSUs,” are excluded from the regular rate of pay under the federal Fair Labor Standards Act.

N.D. Cal. Reinstates ERISA Disability Benefits Despite Normal Cognitive Test Scores
Roberts Disability Law 2026-08-04

In O’Connor v. Metropolitan Life Insurance Company, No. 4:24-cv-08723-YGR, 2026 WL 2220173 (N.D. Cal. July 29, 2026), Chief United States District Judge Yvonne Gonzalez Rogers granted Plaintiff’s motion for judgment under Federal Rule of Civil Procedure 52 and denied Defendant’s cross-motion.