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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 Link to more items from this source
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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