Employee Benefits

Sponsors of self-insured health plans should take note of a recent Seventh Circuit case addressing when states can regulate their plans.

On August 26, 2026, the Seventh Circuit upheld the lower court’s ruling in Central States, Southeast and Southwest Areas Health and Welfare Fund and Charles A. Whobrey v. McClain.

The case deals with the way in which states may regulate pharmacy benefit managers (PBMs) and, by extension, self-insured health plan sponsors.

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On September 8, 2026, the Department of Labor issued new enforcement guidance regarding the Mental Health Parity and Addiction Equity Act (MHPAEA) and its nonquantitative treatment limitation (NQTL) requirements.

Under MHPAEA, group health plans must ensure that any nonquantitative treatment limitations (NQTLs) affecting mental health and substance use disorder (MH/SUD) benefits are designed and applied in a manner comparable to, and no more restrictive than, those applied to medical/surgical benefits.…

Governor Newsom recently signed into law SB 1149, which amends the state’s bereavement leave law to allow for bereavement leave for designated individuals.

Under existing law, California employers with 5 or more employees must provide employees with 5 days of unpaid bereavement leave upon the death of a family member. The current law’s definition of a family member includes a spouse, child, parent, sibling, grandparent, grandchild, domestic partner, or parent-in-law.…

The New Jersey Department of Labor and Workforce Development (NJDOL) launched the Employer Response Portal, where employers must submit separation information under New Jersey’s Unemployment Compensation Law.

The portal requires employers to proactively report layoffs, discharges, resignations, and retirements within seven (7) days of separation, rather than waiting for the former employee(s) to file for unemployment benefits. Employers also have seven (7) calendar days after the NJDOL makes an initial unemployment benefit determination to file an appeal.…

The U.S. Department of Health and Human Services has pushed back final action on its proposed overhaul of the HIPAA Security Rule from May 2026 to July 2027, giving covered entities and business associates additional time to prepare for what would be the first major update to the Security Rule since 2013. Employers that sponsor self-insured health plans should take note of the delay and consult with ERISA counsel on next steps to ensure their plans are in compliance.

The proposed rule, published in the Federal Register on January 6, 2025, would eliminate the distinction between “required” and “addressable” implementation specifications, mandate multi-factor authentication, expand encryption requirements, require comprehensive technology asset inventories and network mapping, extend documentation requirements, and impose detailed incident response and disaster recovery planning obligations, among other significant changes.…

Many 401(k) plans allow participants to invest in a number of funds, including a “stable value” fund.

A recent court case, involving Maersk’s 401(k) plan, just decided last week, focused on their stable value fund.

On July 15, 2026, the U.S. District Court for the District of Massachusetts largely dismissed a proposed class action against…

Are your sick leave practices ready for upcoming compliance changes?

New York City has adopted amended final rules regarding paid and unpaid sick/safe time requirements. The new rules take effect July 23, 2026.

Most of the changes reflect the requirements that became effective earlier this year and the guidance previously issued by the City. However…

New Jersey employers:

Recent amendments to the New Jersey Family Leave Act (NJFLA), which take effect on July 17, 2026, expand leave protections for employees and compliance obligations for employers. The NJFLA provides employees with up to 12 weeks of unpaid, job protected leave within a 24-month period to bond with a new child or…

Virginia Employers:

Employment law developments continue to be red hot. In the last month, we have updated our followers on significant updates relating to non-competes, pay transparency, and paid family leave.

Since these updates, Virginia has enacted a statewide paid sick leave mandate, joining the continuously growing list of states and localities requiring employers to…

If a 401(k) investment underperforms, does that mean the fiduciary made the wrong call? Not necessarily.

A new DOL proposal puts the focus squarely on how decisions are made, not just how investments perform.

Our latest Benefits + Compensation alert breaks down the proposed “safe harbor” for investment selection and what fiduciaries should be thinking…