**The big picture:** Major benefits brokers like Mercer, Lockton, WTW, and Gallagher are facing class-action lawsuits concerning voluntary benefits, alleging excessive commissions and breaches of fiduciary duty. **Why it matters:** These cases could redefine ERISA compliance for voluntary benefits, impacting how employers offer and brokers administer employee-paid coverage, and potentially increasing liability for both. **Between the lines:** - Lawsuits question brokers' discretion in program administration and carrier selection, pushing them towards functional fiduciary status. - Employer endorsement of voluntary benefits, even through co-branding or positive language, can trigger ERISA coverage. - Allegations include brokers withholding lower-cost options and accepting benefits in exchange for high commissions. **Staffing & HR impact:** HR departments must scrutinize their voluntary benefits programs for ERISA compliance, particularly regarding endorsement and broker compensation, to mitigate legal risks. Staffing firms offering such benefits to their internal teams or clients could face similar scrutiny. **The bottom line:** The outcome of these suits will set new precedents for voluntary benefits, demanding greater transparency and compliance from employers and their benefits partners.
**The big picture:** Major benefits brokers like Mercer, Lockton, WTW, and Gallagher are facing class-action lawsuits concerning voluntary benefits, alleging excessive commissions and breaches of fiduciary duty. **Why it matters:** These cases could redefine ERISA compliance for voluntary benefits, impacting how employers offer and brokers administer employee-paid coverage, and potentially increasing liability for both. **Between the lines:** - Lawsuits question brokers' discretion in program administration and carrier selection, pushing them towards functional fiduciary status. - Employer endorsement of voluntary benefits, even through co-branding or positive language, can trigger ERISA coverage. - Allegations include brokers withholding lower-cost options and accepting benefits in exchange for high commissions. **Staffing & HR impact:** HR departments must scrutinize their voluntary benefits programs for ERISA compliance, particularly regarding endorsement and broker compensation, to mitigate legal risks. Staffing firms offering such benefits to their internal teams or clients could face similar scrutiny. **The bottom line:** The outcome of these suits will set new precedents for voluntary benefits, demanding greater transparency and compliance from employers and their benefits partners.