In this episode of Employment and Benefits Unpacked, hosts Reginald Goeke, Rick Nowak, and Stephanie Vasconcellos examine several recent ERISA class actions asserting novel challenges to employer voluntary benefit programs including accident, critical illness, and hospital indemnity coverage. The conversation delves into whether and when these programs are ERISA plans, the contours of the voluntary benefits safe harbor under 29 CFR § 2510.3-1(j), the plaintiffs' theories of fiduciary liability against employers and their insurance brokers in these lawsuits, and the practical implications for employers—including anticipated legal arguments and the potential risk that employers may stop making voluntary benefit programs available to their employees.
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