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Misclassified Employees Not Barred from Recovering Damages Based on Value of ERISA Plan Benefits They Should Have Been Provided
Williams Mullen Sept. 26, 2014 "[This case] reminds us that not every dispute referring to ERISA-regulated benefit plans will support the preemption defense. The Gray court's systematic analysis of the preemption defense provides useful instruction on how to apply it. [It] also offers a caution that the misclassification of workers as independent contractors can have broader consequences than just an impact on the calculation of wages and payroll taxes." [Gray v. FedEx, No. 4:06-CV-00422 (E.D. Mo. Sept. 5, 2014)] |
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