ERISA Litigation Targets Voluntary Benefits: What Employers Should Know

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.

You can listen to ERISA Litigation Targets Voluntary Benefits: What Employers Should Know online on Radio and Podcast. Open the player on this page to stream the available audio.

ERISA Litigation Targets Voluntary Benefits: What Employers Should Know is an episode from UK Employment Law - The View from Mayer Brown by Mayer Brown.

This episode is 20:37 long.

This episode was published on Jan 15, 2026.

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