Carmichael v JPMorgan: Bloom Legal Files Class Action ERISA Suit Against JPMorgan Chase Over Tobacco Surcharges

Bloom Legal has filed a class action lawsuit on behalf of JPMorgan Chase employees, alleging that the bank’s health plan violated the Employee Retirement Income Security Act (ERISA) through its administration of tobacco surcharges.

The Carmichael v. JPMorgan case refers to multiple distinct legal cases over the years. Previous Carmichael cases typically involved bank claims under the Financial Institutions Reform, Recovery, and Enforcement Act (FIRREA) or consumer fraud claims related to the Electronic Fund Transfer Act (EFTA). The 2026 lawsuit marks a shift in focus to ERISA, highlighting new legal issues compared to earlier cases.

The complaint, Carmichael v. JPMorgan Chase & Co., was filed in the U.S. District Court for the Southern District of New York. It centers on the $80 monthly surcharge deducted from the pay of employees who use tobacco products.

Key Allegations According to the filing, JPMorgan’s health plan failed to provide the required alternative standards for employees to avoid the surcharge, as mandated by ERISA regulations. The nature of suit is a labor-related civil enforcement action under ERISA, focusing on alleged violations of employee benefit plan requirements. Specifically, the complaint alleges that:

• Retroactive Reimbursement: The plan failed to inform employees that if they completed a tobacco cessation course, they were entitled to a full retroactive reimbursement of all surcharges paid that year.
• Lack of Notice: Employees were not adequately notified of their right to alternative ways to earn the wellness credit.

Under ERISA, wellness programs that vary benefits based on health factors (like tobacco use) must provide a reasonable alternative standard (such as a cessation class) and must reimburse premiums if that standard is met. ERISA governs employee benefit plans in the United States and includes provisions that protect employees from discriminatory practices in health insurance plans.

Read the Full Complaint We believe that transparency is vital for plan participants. To review the detailed allegations and legal basis for the claim, you can view the full court filing below.

This new case could lead to increased scrutiny on employer wellness programs and challenges to health plan fee structures under ERISA.

Background Information

The case of Carmichael, on behalf of himself and all others similarly situated v. JPMorgan Chase & Co., case number 1:26-cv-00305, is a significant labor-related civil enforcement action currently pending in the Southern District of New York. Filed on January 13, 2026, this suit brings attention to the rights of employees under the Employee Retirement Income Security Act (ERISA), with Robyn D. Carmichael serving as the plaintiff on behalf of a class of similarly situated individuals. The defendant, JPMorgan Chase & Co., faces allegations regarding the administration of its employee health insurance plans, specifically the imposition of tobacco surcharges.

Represented by attorney Nicole M. Cvercko, the plaintiff and the similarly situated represented class seek to address the nature of the suit, which centers on whether JPMorgan Chase’s health plan complied with ERISA’s requirements. The issuance of the summons and the initial document filed in this case mark the formal commencement of the action, setting the stage for a thorough examination of the parties’ obligations and rights.

Access to detailed case information is available through the New York Southern District Court’s Electronic Court Filings (ECF) System, and interested parties can also obtain updates via https-based legal information services such as PACER. For those seeking further information or wishing to review the documents filed, requests can be made by email, and resources like Law360 offer comprehensive coverage, including a free seven-day trial for new users.

This case underscores the importance of labor law protections and the mechanisms available for civil enforcement when employees believe their rights have been infringed. As the suit progresses, legal professionals and similarly situated defendants will be watching closely, as the outcome may set a precedent for future ERISA-related actions involving large employers like JPMorgan Chase Co. Staying informed about the developments in this case is essential for anyone interested in labor law, employee benefits, and the evolving landscape of civil enforcement in the Southern District of New York.

Download the Complaint (PDF) Below