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.

CMS to enforce MMSEA 111 reporting compliance beginning October 2025

by Emily J. Cook and Sydney Merritt Martinez | Sep 11, 2025 | Health and Welfare Plans

Starting October 11, 2025, organizations that fail to meet reporting obligations under Section 111 of the Medicare, Medicaid, and SCHIP Extension Act of 2007 (MMSEA 111) may face civil monetary penalties (CMPs). While this change does not alter the long-standing reporting requirements or the existing risk of liability under the federal False Claims Act for causing Medicare overpayments due to MMSEA 111 reporting errors, the introduction of CMPs significantly increases the compliance risk for insurers, self-insured entities, and third-party administrators subject to MMSEA 111.

Here is what stakeholders in the liability, no-fault, workers’ compensation, and group health plan spaces need to know.

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.