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A Case Study in ERISA and Employee Classification Issues
Jenner & Block via Employee Relations Law Journal Link to more items from this source
Sept. 4, 2014
"Plaintiffs' attorneys have worked to craft theories that combine compensation-based claims under employment laws like the FLSA with claims under ERISA's statutory provisions into a one-two class action punch.... If successful, this approach has the potential to increase damages for FLSA violations and graft ERISA's fiduciary requirements onto daily employment decision... [A federal District Court recently] concluded that there is no private right of action specifically to enforce ERISA's record-keeping requirement, and that [the employee's] attempt to characterize the claim as one for 'catch-all' relief under ERISA Section 502(a)(3) failed because she was seeking monetary, rather than equitable, relief." [Lytle v. Lowes Home Centers, Inc., No. 8:12-cv-1848 (M.D. Fl. April 29, 2014)]

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