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Dallas ERISA Attorney

Dallas ERISA Attorney

Under ERISA federal laws, employers are not required to provide benefits to their employees, but if they choose to, there are certain standards by which they must abide. Failure to abide by these standards may result in a violation of ERISA laws. When this happens, ERISA laws allow for the affected employee to file a lawsuit against the employer or their fiduciaries for the breach of duty according to these federal laws.

If a breach of duty occurs, you need to contact an attorney who is experienced in ERISA laws as quickly as possible. The attorneys at the Law Offices of J. Price McNamara will work to ensure that your rights are protected and help you recover any assets and benefits that you might have lost due to the violations of your employer. There are certain things that you should be aware of when it comes to ERISA laws and your employee benefits.

Your Plan Should be in Writing

Every benefit plan for employees should be maintained and established in a written document. This written document should provide for at least one fiduciary to severally or jointly have authority to manage and control the administration and operation of the employee benefits.

The Minimum Indicia for Defining a Plan

A plan, program, or fund that has been established or maintained by an employee organization or employer that is meant to provide medical, disability, accident, death, vacation, or unemployment benefits, training or apprenticeship programs, scholarship funds, or severance benefits to any employee or their beneficiaries may be deemed to exist without a written document or plan or other ERISA requirements.

This means that an ERISA plan may be found to be in existence if a reasonable person could ascertain from the circumstances that there are intended benefits, a source of financing, intended beneficiaries, and certain procedures for obtaining benefits. If all the listed circumstances are met, an ERISA plan may be established without formal documents in place or without a formal name.

Safe Harbor Provisions

Certain plans fall within a Safe Harbor provision. To fall into this provision, the plans must include the following: There have no contributions made by the union or employer, the employee is participating voluntarily, an employer or union has not endorsed the plan, and no compensation has been provided to the union or employer except for reasonable compensation for payroll deductions.

When a Plan is Not an ERISA Plan

Certain employee benefits are exempt from ERISA laws due to the type of employer. ERISA laws will not apply to employee benefit plans in the following situations:

  • The plan is a government plan.
  • The plan is a church plan.
  • The plan is maintained entirely to comply with workers’ compensation, disability insurance, or unemployment compensation laws.
  • The plan is maintained outside of the U.S. for employees who are nonresident aliens.
  • The plan is an excess benefit plan.

Contact an ERISA Attorney Today

The attorneys at the Law Offices of J. Price McNamara will consult with you to determine what violations have taken place under ERISA laws and work to get you the compensation you are entitled to in order to recover any losses you have sustained. Contact our office today to schedule a consultation.

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