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Legislative Updates

Feb 04

What the Newest Set of ERISA Lawsuits Could Mean for Your Organization

By Employee Benefits, Legislative Updates
On December 23, 2025, Schlichter Bogard LLC filed its first healthcare ERISA cases against United Airlines, Labcorp, CHS, and Universal Services over voluntary benefits. This is the same firm with three unanimous Supreme Court victories, over $750 million in settlements, and an estimated $2.8 billion annual reduction in 401(k) fees. Each case generally alleges that the employers and their benefits brokers breached their ERISA fiduciary duties and caused the participants to pay excessive premiums due to failures in: engaging in a prudent process when selecting insurance offerings; monitoring the commissions received by the benefits brokers; and monitoring the loss ratios on…
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Aug 31

Pay or Play Affordability Percentage Will Decrease for 2024

By Employee Benefits, Legislative Updates
HIGHLIGHTS The IRS has announced the affordability percentage that will apply under the ACA's pay or play rules for plan years beginning in 2024. This percentage (8.39%) is a significant decrease to the affordability threshold. ALEs will need to consider this affordability percentage in developing their health plan contribution strategies for the 2024 plan year. ALEs may need to lower the amount employees have to contribute for 2024 to meet the lowered percentage. On Aug. 23, 2023, the IRS issued Revenue Procedure 2023-29 to index the contribution percentage in 2024 for determining the affordability of an employer's plan under the…
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Aug 21

Strengthening Safety and Mitigating Risks: Solutions Amid Michigan’s Overruling of Open and Obvious Defense in Slip and Fall Litigation

By Business Insurance, Legislative Updates, Risk Solutions
In a landmark decision, the Michigan Supreme Court premises liability ruling has overruled decades of case law regarding the open and obvious defense in slip and fall litigation. This decision has significant implications for property owners, eliminating a commonly used defense strategy. Business leaders must understand the impact of this ruling and take proactive steps to address the increased risks. Kapnick can help.
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