Employee Benefits Archives | EMPLOYEE BENEFITS BLOG

DOJ guidance on unlawful discrimination: Implications for DEI practices in the private sector

by Stephania Sanon, Chris Braham, Martin L. Schmelkin, Ronald E. Richman, Mark E. Brossman, Donna K. Lazarus and Scott A. Gold | Sep 18, 2025 | Employee Benefits, Employment

On July 29, 2025, the US Department of Justice (DOJ) issued a guidance memorandum that defines what it considers to be “unlawful discriminatory policies and practices” under federal civil rights laws. The guidance also includes a list of non-binding “best practices” to help entities decrease the risk of legal violations. While the guidance is primarily geared toward federal funding recipients, the DOJ warns that private employers subject to federal civil rights statutes should review the guidance and ensure their employment practices do not run afoul of federal law.

Learn what implications the DOJ’s guidance has for DEI practices in the private sector.

AI in employer-sponsored group health plans: Legal, ethical, and fiduciary considerations

by Alden Bianchi, Jacob Mattinson, Sarah Raaii and Haley Dow | Sep 16, 2025 | Digital Health, Employee Benefits, Employment, Health and Welfare Plans

Artificial intelligence (AI) has increasingly been integrated into the tools used by and for employer-sponsored group health plans, prompting a multitude of concerns. In this article, we discuss key issues that require immediate attention from both plan sponsors and plan administrators.

Find out the legal, ethical, and fiduciary considerations employer-sponsored group health plans should keep in mind when using AI tools.

IRS provides updated mortality tables for defined benefit pension plans

by Evan Walters, Samuel Hamer, Edward Froelich, Michael Scarduzio and Matthew J. Blaney | Aug 22, 2025 | Employee Benefits, Retirement Plans

The Internal Revenue Service (IRS) issued Notice 2025-40, providing updated static mortality tables for defined benefit pension plans under Code Section 430(h)(3)(A) and Section 303(h)(3)(A) of the Employee Retirement Income Security Act. These updated static mortality tables apply for purposes of calculating the funding target and other items for valuation dates occurring during the 2026 calendar year.

Learn more about other new IRS guidance here.

Trump EO seeks to expand access to alternative investments in retirement plans

by David Cohen, Ian Levin and Brian Tiemann | Aug 19, 2025 | Employee Benefits, Retirement Plans

On August 7, 2025, President Trump issued an executive order titled “Democratizing Access to Alternative Assets for 401(k) Investors.” The order seeks to expand access to alternative investments in retirement plans, aiming to diversify investment options for plan participants.

Learn more about the order here.

What Venus Williams’ health insurance comments reveal about COBRA

by Sarah Raaii | Aug 14, 2025 | Employee Benefits, Health and Welfare Plans

When tennis superstar Venus Williams recently spoke about returning to the sport to maintain her health insurance, it highlighted a broader issue many employees face: navigating complex benefits after leaving their jobs. This challenge is particularly acute when it comes to Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage, which allows former employees to temporarily keep their employer-sponsored health insurance. As Sarah Raaii points out, the high cost of COBRA and limited alternatives create significant financial strain. To address this, employers could provide clearer information about COBRA, its costs, and available alternatives, enabling employees to make more informed decisions about their health coverage during career transitions.

Mississippi enacts new law regulating telemedicine coverage

by Stacey Callaghan, Amanda Enyeart and Abby Higgins | Aug 12, 2025 | Digital Health, Employee Benefits, Health and Welfare Plans

Mississippi has enacted SB 2415, ensuring that health insurance and employee benefit plans cover telemedicine services to the same extent as in-person medical consultations. The legislation specifies that all telemedicine must be real-time audio-visual unless using store-and-forward technology or remote patient monitoring.

Key updates on the US health benefits and reimbursement landscape

by Sarah Raaii and Rachel Stauffer | Aug 7, 2025 | Digital Health, Employee Benefits, Health and Welfare Plans

The health benefits landscape is undergoing significant changes. Recent developments in policy and legislation are poised to reshape the economic environment, affecting employer plan sponsors, insurance providers, third-party administrators, and those enrolled in employer-sponsored health plans.

Learn more about the changes to the benefits industry here.

The Employee Retention Credit: A court challenge to IRS guidance

by Shawn O’Brien, Samuel Hamer and Michael Scarduzio | Jul 31, 2025 | Employee Benefits, Fiduciary and Investment Issues

On June 20, 2025, the US District Court for the District of Arizona ruled that Internal Revenue Service (IRS) Notice 2021-20, challenged by a tax advisory firm, was an “interpretive rule” and did not violate the Administrative Procedure Act. Despite the IRS issuing $269 billion in Employee Retention Credits, more than 200,000 claims have been disallowed, and 592,000 remain pending. The court noted that the notice’s provisions are not binding, and taxpayers can still argue their eligibility based on specific circumstances, leaving room for future challenges.

Learn more about opportunities for employers and their tax advisers here.

OBBBA’s impact on employee benefit plans, programs, and arrangements

by Alden Bianchi, Jacob Mattinson and Sarah Raaii | Jul 29, 2025 | Employee Benefits, Health and Welfare Plans

On July 4, 2025, President Trump signed the One Big Beautiful Bill Act (OBBBA) into law. The OBBBA includes several employee benefits-related provisions impacting employer-sponsored plans and fringe benefits, including changes to health savings account eligibility, telehealth coverage, dependent care flexible spending accounts (FSAs), employer-provided childcare credits, student loan repayment programs, and more.

Learn more about the OBBBA’s employee benefits provisions here.

HDHP telehealth safe harbor permanently reinstated

by Sarah Raaii and Rachel Stauffer | Jul 22, 2025 | Digital Health, Employee Benefits, Health and Welfare Plans

The One Big Beautiful Bill Act permanently extends the telehealth safe harbor for high-deductible health plans (HDHPs) for plan years beginning after December 31, 2024. This extension allows HDHPs to cover telehealth and remote care services at low or no cost, expanding access for millions of participants and encouraging digital health providers, insurers, and employers to reassess and update their offerings to meet the growing demand.

Learn more about the telehealth HDHP safe harbor extension here.

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