The Department of Labor has issued an interesting advisory opinion holding that a Kentucky wage deduction withholding statute is preempted by ERISA to the extent it limits placement of employees into default health care plans. In this situation, employees who fail to choose a plan are placed into one by default and the employee’s share… Read More
Posts Categorized In: Employment Benefits
U.S. Supreme Court Petition in San Francisco Health Care Benefits Case
Back in 2006, the City of San Francisco passed an ordinance requiring all businesses with 20 or more employees to pay a fee to help cover health care costs. A restaurant group successfully argued that the law was preempted by ERISA. The case is now on fast-track status in the 9th Circuit, with briefs due… Read More
U.S. Supreme Court to Hear Important ERISA Case on April 23
On April 23, 2008, the U.S. Supreme Court will hear arguments in MetLife v. Glenn. This is an important case that may affect all future lawsuits to collect benefits under an employee benefit plan. Where a benefits case is subject to ERISA, the lawyers in nearly every case argue over the standard of review. Employees… Read More