Tag Archives: Employee Retirement Income Security Act (ERISA)

“But Our Vendor Handles Everything — How Can We Still Have Fiduciary Liability?”

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As the rules governing retirement and health plans grow more complex, employers often need professional help in order to keep up with the day-to-day management of the employee benefit plans they sponsor. From third-party administrators and financial advisers hired to manage the operations and investments of 401(k) plans to administrative service organizations and pharmacy benefit … Continue reading this entry

Unlike Diamonds, You Cannot Presume Retiree Medical Benefits Are Forever

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Last week, the United States Supreme Court issued a decision that gives unionized employers in Michigan, Ohio, Tennessee, and Kentucky greater ability to modify medical benefits they provide to retirees pursuant to current and prior collective bargaining agreements. Employers in these states were previously subject to the unique case law from the United States Court of … Continue reading this entry

ERISA’s “Overlapping Fields of Fire” Preempt Wisconsin’s Family and Medical Leave Act

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Wisconsin’s Family and Medical Leave Act (“WFMLA”), requires that employers allow employees six weeks of unpaid leave following “[t]he birth of an employee’s natural child,” and that employers allow an employee to substitute “paid or unpaid leave of any other type provided by the employer” for the unpaid leave provided by the law. However, in … Continue reading this entry

Interfering With an Employee's Health Benefits Can Get You Sued

Recently, a New Jersey court allowed a mechanic to pursue his claim that he was fired because his employer wanted to avoid paying health benefits related to his wife’s cancer treatment. The employee, Christian Pailleret, began working at Jersey Construction, Inc. in 2005. He had no record of discipline and got a merit-based raise in … Continue reading this entry