The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that deals with employee benefit plans such as pension plans, profit sharing plans, and health insurance plans. Prior to ERISA, employee benefit plans were often administered by employers unfairly, resulting in fewer employees being eligible for employer provided benefits. Under ERISA, employers must report details of their plans to the Department of Labor (DOL) to ensure compliance and must disclose information about their plans to employee who are participants. Because of the number of plans that are subject to ERISA and the complex ERISA compliance requirements, ERISA violations occur all too frequently causing unnecessary distress to the affected employees. Failure to comply with ERISA can result in consequences such as substantial penalties and participant lawsuits. If you are in need of an employment lawyer because you are concerned about how an employee benefit plans is being administered, it is important that you contact an experienced Los Angeles ERISA Lawyer who will review the facts of your case and who will work closely with you to ensure that your rights are protected.
Employers Subject to ERISAERISA applies to virtually all private companies, non-profit corporations. Such companies are subject to ERISA regardless of their size or number of employees. Churches and governmental employers are exempted from ERISA's welfare benefit plan provisions.
Plans Subject to ERISAWhile some may believe that only pension plans are subject to ERISA, in reality there are a wide range of employee benefit plans that are “ERISA plans.”
There are also many types of employee fringe benefit arrangements that are not “ERISA plans” including some self-insured, uninsured, cafeteria, paid time off, and tuition reimbursement plans.
Consequences of Failing to Comply with ERISAWhile there are many types of plans that are required to comply with ERISA, one of the most common types of employee ERISA claims are claims related to the denial of disability insurance benefits. Other common types of ERISA claims are related to pension plans such as disputes related to eligibility and vesting. Regardless of the type of plan, if your employer fails to comply with ERISA, you can file a claim in federal court. For example, through a lawsuit you can seek to:
If an employer or plan sponsor fails to comply with all of ERISA’s requirements, then the DOL will impose significant penalties. Fines range from $4,540 up to over $5,000,000 for bad faith denial of claims. An employer can even be sent to prison for diverting employee contributions.
Los Angeles ERISA LawyerERISA claims are often highly complex. They’re many rules that may apply to ERISA claims such as filing deadlines and the proper forms to use. Thus, in addition to ERISA, there are other statutes that may be implicated in your claim. If you believe that your employer has violated your rights under ERISA, you should discuss the specifics of your case with an experienced employment lawyer right away. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Keep in mind that there are time limits to filing claims. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.
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