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'Right-Sizing' Full-Time Employees to Reduce ACA Obligations May Lead to ERISA Class Action Exposure
McDermott Will & Emery 
Feb. 17, 2016
"[W]hile the complaint includes claims for past and future health benefits and for 'incidental' lost wages, the opinion focuses on ERISA Section 510 and holds that the plaintiff has a viable claim that reducing her work hours was done for the purpose of interfering with her right to benefits under the company health plan. Second, the opinion finds that the complaint successfully alleged the employer's 'unlawful purpose' and intention to interfere with benefits, pointing to allegations that company representatives publicly stated that they were reducing the number of full-time employees to avoid ACA costs." [Marin v. Dave & Buster's, Inc., No. 15-3608 (S.D.N.Y. Feb. 9, 2016)]
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