COBRA Notices and Lawsuit Risk

A smattering of current cases (e.g., Amazon, General Motors, Target) and settled cases (e.g., Home Depot, Fiat Chrysler, and Costco) highlight a litigation trend stemming from issues with COBRA notices. While plaintiffs in such cases have not always prevailed (e.g., case dismissed against Wal-Mart in 2020), recent developments do pose potential problems for employers, particularly as there is no approved model COBRA notice. Are your COBRA notices and related procedures up to snuff?