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Court Allows Expansive Interpretation of ERISA Coverage of Welfare Benefit Plan, Effectively Overruling DOL's Analysis
Thomson Reuters / EBIA 
Oct. 22, 2020 "At issue was whether the individual limited partners were 'working owners' or 'bona fide partners' for purposes of ERISA provisions allowing those categories of non-employees to participate in ERISA plans alongside employees.... According to the DOL, permitting the software to capture data while they used their personal electronic devices did not constitute 'work' by the individual partners.... The court, however, concluded that the partners were actively engaged in the partnership's business by providing personal services consisting of contributing their data and collectively deciding what to do with it.... [T]he court enjoined the DOL, preventing it from refusing to acknowledge the ERISA status of the plan." [Data Marketing Partnership, LP v. DOL, No. 19-0800 (N.D. Tex. Sep. 28, 2020)] |
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