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ERISA's 'Overlapping Fields of Fire' Preempt Wisconsin's Family and Medical Leave Act
Foley & Lardner LLP Link to more items from this source
Oct. 7, 2014
"The [Sixth Circuit] found that the [Wisconsin FMLA (WFMLA)] interfered with the uniform administration of the insurance company's ERISA-qualifying plan in the 49 states in which it operates -- precisely the burden that ERISA preemption is intended to prevent. The Sixth Circuit also found that the WFMLA was impliedly preempted by ERISA because it imposed conflicting obligations upon the plan administrator -- i.e., if the administrator complied with the obligation of one law, it would violate the obligation of another -- and obstructs the purposes and objectives of ERISA by interfering with 'nationally uniform plan administration.'" [Sherfel v. Newson, No. 12-4285 (6th Cir. Sept. 30, 2014)]

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