Recent Wave of COBRA Notice Litigation
COBRA notices contain a lot of complicated information and readers can easily become lost in the details. But if the notice does not contain enough detailed information, it may fall short of the legal requirements. The Department of Labor (DOL) provides model notices for employers, but even the model notices are incomplete without employer adjustments. As Kilpatrick Townsend explains in How to Ride the Wave of COBRA Notice Litigation without Wiping Out, employers who do not start with the DOL model notices leave themselves at risk of litigation, but employers who use the DOL model notices without modification and additional information are also at risk of litigation. If you administer your own COBRA, please review your forms and contact your OneDigital account team if they are either not based on the DOL models or might otherwise be incomplete.