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Tag Archives: ERISA

March 05

ERISA

Stifel 401(k) Lawsuit Highlights ERISA Fiduciary Duties and Retirement Plan Risk

On February 20, 2026, Plaintiff Amber Striplin filed a $134 million class action lawsuit against Stifel Financial Corp. (“Stifel”) in the United States District Court for the Eastern District of Missouri. Striplin, a Stifel employee, alleges that the fiduciaries of the Stifel Financial Profit Sharing 401(k) Plan (the “Plan”) allowed underperforming funds to remain in the Plan for over a decade, costing the Plan participants invested in those funds hundreds of millions of dollars in foregone retirement savings appreciation. Specifically, the lawsuit claims the Plan fiduciaries violated the duty of prudence under the Employee…

November 09

ERISA

The Fine Line Between ERISA Wellness Incentives and Penalties

Even wellness programs with good intentions can violate the Employee Retirement Income Security Act (“ERISA”) if incentives cross the line into coercive penalties. As employers increasingly use weight loss challenges, step goals, or health screenings to promote wellness, questions arise about whether these programs comply with ERISA, the Affordable Care Act (“ACA”), and the Health Insurance Portability and Accountability Act (“HIPAA”) nondiscrimination rules. Miller Shah LLP advises employers, plan administrators, and employees on ERISA compliance and represents workers…

October 21

ERISA

Smoking Surcharges Under Fire: ERISA Compliance Risks in Wellness Programs

A recent Employee Retirement Income Security Act (“ERISA”) case has placed employer wellness program surcharges under scrutiny, alleging that penalties imposed on health plans for employees using tobacco products violate federal benefits laws. The decision highlights growing wellness program compliance risks under ERISA for employers that use financial incentives or penalties tied to employee health habits. What are Surcharges, and How do Employers Use Them? Smoking and Wellness Surcharges in Health Plans A tobacco surcharge is an extra fee on health insurance premiums for employees using…

May 29

ERISA

Supreme Court Clarifies Burden of Proof in ERISA Prohibited Transaction Claims

Supreme Court Issues Landmark ERISA Decision in Cunningham v. Cornell On April 17, 2025, the United States Supreme Court issued its long-awaited decision in Cunningham et al. v. Cornell University et al., case number 23-1007. The Court reversed the Second Circuit’s prior ruling and held that plaintiffs asserting claims under the Employee Retirement Income Security Act of 1974 (“ERISA”) for prohibited transactions are not required to plead the inapplicability of…

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