"For programs subject to ERISA, there is certainly an argument that CCPA is preempted by ERISA -- but California has a history of challenging ERISA preemption claims, and until courts work through that issue, it's an open question. Moreover, if your company provides any benefit programs that are not subject to ERISA (for example, a dependent care FSA, an HSA contribution program or a salary continuation program for those on short-term disability leave), no pre-emption argument is available."  MORE >>