This year, we have seen a string of COBRA class actions seeking monetary penalties on account of defective COBRA notices. Most recently, in Hicks v. Lockheed Martin, the spouse of a former employee alleged various technical defects in Lockheed’s COBRA notice. Although on its face it appeared to include a good deal of required information, the Lockheed notice allegedly failed to state the COBRA coverage termination date, failed to provide an address to which payment should be sent, and failed to sufficiently identify the plan administrator. And, without this information, the notice allegedly failed to be written in a manner calculated to be understood by the average plan participant, as required by regulations. As a result, Lockheed agreed to a $1.25 million settlement “solely to purchase peace.” And, earlier this year, defective COBRA notices also resulted in a $386,000 settlement to end a proposed class action against Firstfleet Inc. Although the DOL offers a model COBRA notice, many employers and COBRA administrators choose to tailor their notices. Whether you follow the model or create your own, be sure to review your plan’s COBRA notice and verify that all of the required regulatory content is included.
- Partner
Antoinette Schindel practices in KMK Law's Employee Benefits & Executive Compensation Group. Antoinette regularly advises employers regarding Affordable Care Act (ACA) compliance issues, including health coverage and ...
- Partner
Lisa Wintersheimer Michel is the leader of the Employee Benefits & Executive Compensation Group. Her practice primarily involves all aspects of qualified retirement plans, including profit sharing plans, 401(k) plans ...
Topics/Tags
Select- Labor & Employment Law
- Employment Law
- Discrimination
- EEOC
- Labor Law
- Americans with Disabilities Act
- Department of Labor
- OSHA
- Pregnancy Discrimination
- Coronavirus
- Title VII
- NLRB
- Workplace Violence
- Non-Compete Agreements
- Supreme Court
- Reasonable Accommodation
- Religion Discrimination
- FLSA
- Department of Justice
- Compliance
- NLRA
- National Labor Relations Board
- Diversity
- Wage & Hour
- Privacy
- Performance Improvement Plans
- Department of Homeland Security
- Immigration and Customs Enforcement
- Foreign Nationals
- Immigration and Nationality Act
- Employee Benefits and Executive Compensation
- Federal Trade Commission
- Arbitration
- FMLA
- Overtime Pay
- Employment Litigation
- Workplace Accommodations
- Artificial Intelligence
- Inclusion
- LGBTQ+
- Litigation
- IRS
- Medical Marijuana
- Social Media
- Employer Policies
- Disability Discrimination
- Retirement
- National Labor Relations Act
- Accommodation
- Sexual Orientation Discrimination
- Race Discrimination
- Employer Handbook
- ERISA
- ADAAA
- Medical Cannabis Dispensaries
- Unions
- ACA
- Affordable Car Act
- Employer Rules
- Whistleblower
- United States Supreme Court
- Sexual Harassment
- Technology
- Federal Arbitration Act
- Transgender Issues
- Disability
- 401(k)
- Employment Settlement Agreements
- Sixth Circuit
- Equal Employment Opportunity Commission
- Fair Labor Standards Act
- Benefits
- Paycheck Protection Program
- Class Action Litigation
- Disability Law
- Gender Identity Discrimination
- Posting Requirements
- E-Discovery
- Evidence
- Securities Law
- Family and Medical Leave Act
- Preventive Care Benefits
- Environmental Law
- Health Savings Account
- Privacy Laws
- SECURE Act
- US Department of Labor Employee Benefits Security Administration
- Representative Election Regulations
- Healthcare Reform
- Older Workers' Benefit Protection Act (OWBPA)
- Telecommuting
- Affirmative Action
- Compensable Time
- Electronically Stored Information
- Equal Opportunity Clause
- Security Screening
- E-Discovery Case Law
- Electronic Data Discovery
- ESI
- Occupational Safety and Health Administration
- American Medical Association
- Attendance Policy
- Return to Work
- Seniority Rights
- Unemployment Insurance Integrity Act
- Classification
- Confidentiality
- Disability Leave
- Equal Pay
- Fair Minimum Wage
- Federal Minimum Wage
- Genetic Information Discrimination
- Media Policy
- Misclassification
- National Origin Discrimination
- Retaliation
- Social Media Content
- State Minimum Wage
- Wage Increase
- Antitrust
- Employment Incentives
- HIRE Act
- Social Security Tax
- Taxation
Recent Posts
- OSHA’s Updated Inspection Program: What Employers Should Know and Expect
- SCOTUS Lowers Bar for Reverse Discrimination Claims
- Revisiting ADA Compliance: Lessons from a Recent Court Decision
- Federal Court Strikes Down Part of EEOC Rule Requiring Accommodations for Elective Abortion Under the PWFA
- More on Equal Opportunity: Executive Order Seeks to End Disparate Impact Liability to promote Equal Opportunity
- PIP This: The Expansion of Actionable Adverse Employment Decisions in the Wake of Muldrow v. City of St. Louis
- The Independent Contractor Tug-of-War: Navigating the Latest DOL Shifts
- ICE Raids and Audits – What’s an Employer to Do
- New Online Registration Requirements for Foreign Nationals
- Workplace Violence: Are You Taking Required Steps to Protect Your Employees?