🚨Deadline Reminder: RxDC Reports Are Due by June 1, 2025 📅

Group health plans and health insurance issuers must annually submit detailed information on prescription drug and health care spending to the federal government. This reporting is referred to as the prescription drug data collection (or RxDC report). This is an annual reporting requirement-plans and issuers must submit these reports by June 1 of each year, covering information for the prior calendar year.
DOL Issues Guidance on Independent Contractor Misclassification Enforcement (May)

On May 1, 2025, the U.S. Department of Labor (DOL) issued Field Assistance Bulletin (FAB) 2025-1 on how to determine employee or independent contractor status when enforcing the Fair Labor Standards Act (FLSA).
Supreme Court Ruling May Lead to More Fiduciary Lawsuits under ERISA

On April 17, 2025, the U.S. Supreme Court ruled that a group of employees may challenge their employer’s fee arrangement with a retirement plan service provider under the Employee Retirement Income Security Act (ERISA). In its unanimous decision, the Supreme Court took an employee-friendly view of statutory text and simplified the requirements for alleging a violation of ERISA’s prohibited transaction rules.
CMS Finalizes Revised Simplified Determination Method for 2026 Creditable Coverage Determinations

On April 7, 2025, the Centers for Medicare and Medicaid Services (CMS) issued Final Part D Redesign Program Instructions for calendar year 2026. The instructions contain a detailed description of, and guidance related to, changes to the Medicare Part D benefit made by the Inflation Reduction Act of 2022 (IRA) that are newly in place for calendar year 2026. Among other things, these changes impact the creditable coverage status of employer-sponsored prescription drug coverage.
DOL Updates Model Employer CHIP Notice

The U.S. Department of Labor (DOL), through its Employee Benefits Security Administration (EBSA), has released a new model Employer CHIP Notice with information current as of March 17, 2025.
‼️USCIS Updates Form 1-9 and E-Verify‼️

On April 2, 2025, the U.S. Citizenship and Immigration Services (USCIS) updated its Employment Eligibility Verification form (Form 1-9) and the Department of Homeland Security (DHS) Privacy Notice in the form’s instructions to align with statutory language. The revised Form 1-9 is dated “01/20/25” and has an expiration date of “05/31/2027.” Notably, multiple previous editions of Form 1-9 remain valid until their respective expiration dates. https://content.zywave.com/file/0014a57d-51ea-483e-83de-c63014df65df/USCIS%20Updates%20Form%20I-9%20and%20E-Verify.docx
EEOC and DOJ Issue Guidance on DEI-related Discrimination📌 (March)

On March 19, 2025, the U.S. Equal Employment Opportunity Commission
(EEOC) and the U.S. Department of Justice (DOJ) issued joint guidance on illegal and discriminatory diversity, equity and inclusion (DEI) practices. The EEOC also issued frequently asked questions (FAQs) regarding DEI-related discrimination. The guidance provides some clarity as to the agencies’ position on what may constitute illegal DEI and offers steps employees may take to report violations.
EEOC and DOJ Issue Guidance on DEI-related Discrimination.docx
Legal Update: IRS Releases Health FSA Limit for 2025

On Oct. 22, 2024, the IRS released Revenue Procedure 2024-40 (Rev. Proc. 24-40), which includes the inflation-adjusted limit for 2025 on employee salary reduction contributions to health flexible spending accounts (FSAs). For plan years beginning in 2025, the adjusted dollar limit on employees’ pre-tax contributions to health FSAs increases to $3,300. This is a $100 increase from the 2024 health FSA limit of $3,200.
Legal Update: Proposed Rule Would Expand ACA’s Contraceptive Coverage Mandate

On Oct. 21, 2024, the Departments of Labor, Health and Human Services, and the Treasury released a
proposed rule that, if finalized, would expand access to contraceptive coverage without cost sharing under the Affordable Care Act’s(ACA) preventive care mandate. Notably, the proposed rule would require most health plans and health insurance issuers to cover over-the-counter (OTC)contraceptives without imposing cost sharing (e.g., deductibles, copayments or coinsurance) or requiring a prescription.
Legal Update: DOL Targets Employment-related Contract Provisions

On Oct. 15, 2024, the U.S. Department of Labor’s (DOL) Office of the Solicitor(SOL) released a
special enforcement report indicating seven “fine-print”employment-related contract provisions that the SOL is targeting to help ensure that workers receive the pay and protections they are guaranteed by federal labor law. The report also highlighted innovative approaches the SOL is taking to combat contract provisions that may discourage workers from exercising their rights under federal labor law.