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A PUBLICATION OF THE INNER FIRM
WEDNESDAY, AUGUST 5, 2026
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21 items · ~4 min read
In this issue: Retirement Plans (7) · Health & Welfare (4) · Executive Compensation (1) · Case Commentary (9)
THE ONE THING
A novel lawsuit against Thermo Fisher argues that a 401(k) lineup without a fossil-fuel-free equity option violates a Christian employee's religious rights, casting investment menu design as a faith-based accommodation under the Supreme Court's Groff standard. If the theory gains traction, sponsors could face accommodation demands aimed at the plan menu itself, a channel entirely separate from ERISA's fiduciary rules. One to watch closely, whatever the district court does with it.
Retirement Plans (7)
PLANSPONSOR · 2026-08-04
Experts from Groom Law Group and CAPTRUST answer questions concerning retirement plan administration and regulations.
PLANADVISER · 2026-08-04
Ted Benna says the new employer-funded plan is designed to help workers cover short-term financial needs without tapping retirement savings.
Employee Benefit News · 2026-08-04
A wide range of employers are expressing a greater desire to measure risk, achieve more predictable retirement benefit costs, and retain top talent.
The Prudent Investment Fiduciary Rules (Watkins) · 2026-08-04
Modern portfolio construction has historically emphasized maximizing expected returns for a given level of risk.
PLANSPONSOR · 2026-08-03
Questions of portability and flexibility for both plan sponsors and participants can impede adding guaranteed retirement income offerings.
Groom Law Group · 2026-08-04
In a recent PLANSPONSOR article, “DOL Investment Safe Harbor May Not Do Much for Retirement Income,” Groom principal Kevin Walsh discussed the Department of Labor’s proposed safe harbor for fiduciaries evaluating retirement income investments.
PLANSPONSOR · 2026-08-03
The proposed rule does not give fiduciaries a ‘stamp of approval’ to innovate, one expert says.
Health & Welfare (4)
Troutman Pepper Locke · 2026-08-04
The HHS Office for Civil Rights announced two separate HIPAA enforcement actions against self-funded group health plans following ransomware breaches, a signal that plan-level HIPAA compliance, not just the employer's, is squarely in OCR's sights.
Davis Wright Tremaine LLP · via JD Supra · 2026-08-04
The U.S. Department of Labor issued a proposed rule that would bring group health plans in line with the electronic disclosure rules already applicable to retirement plans, creating a safe harbor that lets health plans deliver required disclosures electronically by default.
Holland & Hart LLP · via JD Supra · 2026-08-04
The Consolidated Appropriations Act (CAA) of 2021 expanded service provider fee disclosure requirements already in place for retirement plans to apply to group health plans.
PLANSPONSOR · 2026-08-03
A study by EBRI and Morgan Health found employers are interested in adopting individual coverage health reimbursement accounts, but knowledge gaps and hesitation to implement remain.
Executive Compensation (1)
Falcon Rappaport & Berkman · 2026-08-04
The fifth installment in the firm's executive compensation series turns to employment agreements, severance, and clawback provisions, following earlier parts on equity compensation, deferred compensation, Section 409A compliance, and the Section 280G golden parachute rules.
Case Commentary (9)
Constangy, Brooks, Smith & Prophete, LLP · via JD Supra · 2026-08-05
In what appears to be the first published federal court decision to squarely address the issue, a federal court in California recently ruled that restricted stock units, commonly referred to as “RSUs,” are excluded from the regular rate of pay under the federal Fair Labor Standards Act.
Groom Law Group · 2026-08-04
Federal courts have long applied a highly deferential “abuse of discretion” standard of review to claims for benefits under ERISA Section 502(a)(1)(B)—in other words, a court will uphold a discretionary fiduciary’s decision to deny benefits unless the decision was arbitrary or capricious.
PLANSPONSOR · 2026-08-04
The order reversed key legal conclusions on brokerage-window fee disclosures, but factual disputes over Fidelity compensation stand for trial.
Roberts Disability Law · 2026-08-04
In O’Connor v. Metropolitan Life Insurance Company, No. 4:24-cv-08723-YGR, 2026 WL 2220173 (N.D. Cal. July 29, 2026), Chief United States District Judge Yvonne Gonzalez Rogers granted Plaintiff’s motion for judgment under Federal Rule of Civil Procedure 52 and denied Defendant’s cross-motion.
Faegre Drinker · 2026-08-04
At a Glance This decision affirms some key ERISA concepts that fiduciary committee members should consider and defendants should emphasize in nearly every lawsuit alleging fiduciary imprudence. The most important principle is that ER.
PLANSPONSOR · 2026-08-04
A novel lawsuit argues employers must offer fossil-fuel-free equity options as a faith-based accommodation, testing the Supreme Court’s Groff decision.
PLANADVISER · 2026-08-04
The ADP fiduciary committee will review its retirement plan’s target-date funds as part of the settlement.
401(k) Specialist · 2026-08-04
ERISA attorneys explain how the widely followed case will affect employers, no matter how the Supreme Court ends up ruling.
HR Dive · 2026-08-04
A lawsuit tying a worker’s climate objections to his Christian beliefs could set a precedent in the post- Groff landscape, his attorneys argued.