Employee Benefits Law
ERISA is a federal law passed to protect pension rights. The U.S. Congress, out of concern over corporate mismanagement of worker’s retirement funds, passed this act in 1974. ERISA sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker. ERISA provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and ERISA requires that employers provide full and clear information about employees’ pension rights.
ERISA also protects employees’ “welfare” benefits, which include employer-sponsored health insurance, as well as short- and long-term disability insurance. ERISA establishes detailed regulations affecting employee welfare and pension benefits – it establishes certain rights for employees, and it establishes responsibilities for employers concerning benefit plans. ERISA effectively federalizes all disputes over employment related benefits, and preempts many state laws and statutes.
The attorneys of Bailey & Ehrenberg PLLC have significant experience in all areas of ERISA and employee benefits law. The Firm provides a wide range of services to all parties to employee benefits plans, including plan sponsors, plan participants, plan administrators, service providers and fiduciaries. B&E handles a wide array of ERISA litigation in courts across the country. B&E’s attorneys represent individuals, service providers, plan sponsors and others in the full panoply of claims arising under ERISA and related state laws The Firm has particular expertise in prosecuting and defending claims for long-term disability and pension benefits, claims for breaches of fiduciary duty, and claims involving ERISA preemption of state laws. The Firm also has significant experience counseling fiduciaries and service providers (such as banks and insurance companies) with respect to their obligations under ERISA.
We practice in the following areas of Employee Benefits Law:
- Employee Benefits Law (ERISA)
- Employee Handbooks
- Executive Compensation
- Family and Medical Leave (FMLA) Litigation
- Long Term Disability Insurance Denial
- Non Payment of Wages
- Severance Negotiations