While litigation is not widespread, it's important for plan sponsors to look at operations and shore up practices since there was action on 43 defined contribution cases during the first quarter of 2023, according to Mercer.

"Looking ahead to 2024, it seems likely that employers will be challenged to absorb higher health care cost increases," said Beth Umland, director of health research for Mercer.

A new survey indicates more than half are starting a new job (or looking for one) and 35% say they plan to make a switch within the next year.

In a lawsuit filed Tuesday, Merck becomes the first major drugmaker to challenge Biden's Inflation Reduction Act, which it says "violates the Constitution" by allowing the government to unilaterally impose its preferred price.