ERISA

ERISA / EMPLOYEE BENEFITS

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health and welfare plans in private industry to provide protection for individuals in these plans. Campbell & Associates Law Firm, P.C. has a sophisticated ERISA litigation practice which includes the following:

► DOL investigations;

► Defense of ERISA fiduciaries;

► Defense of ERISA benefit claims; and

► ERISA Class action defense.

ERISA/Employee Benefits Topical Index

DOL

The U.S. Department of Labor (“DOL”) has administrative and enforcement authority for more than 180 employment laws including the following:

• Davis-Bacon Act;
• Employee Polygraph Protection Act;
• Employee Retirement Income Security Act “(ERISA”);
• Far Labor Standards Act (“FLSA”);
• Family and Medical Leave Act (“FMLA”);
• Occupational Safety & Health Act (“OSH Act”);
• Uniformed Services Employment and Reemployment Rights Act (“USERRA”); and
• Worker Adjustment and Retraining Notification Act (“WARN”)

The attorneys at Campbell & Associates Law Firm, P.C offer a wealth of experience in representing employers and ERISA fiduciaries both (1) during audits and investigations conducted by the DOL, and (2) in administrative and judicial proceedings brought by the DOL.

FIDUCIARIES

A person is an ERISA fiduciary with respect to an employee benefit plan to the extent he:

(A) exercises any discretionary authority or discretionary control respecting management of such plan or exercises any authority or control respecting management of or disposition of its assets,

(B) renders investment advice for a fee or other compensation, direct or indirect, with respect to any moneys or other property of such plan, or has any authority or responsibility to do so, or

(C) has any discretionary authority or discretionary responsibility in the administration of the plan.

29 U.S.C. § 1002(21)(a)

Commonly known ERISA fiduciaries include plan sponsors, administrators, committees, and sponsors. Less commonly known ERISA fiduciaries include directors, officers, managers, and investment advisors.