9.1 General Principles

If your client has complaints relating to employment health, retirement, or other job-connected benefits, they may have claims under one of the federal laws primarily enforced by the U.S. Department of Labor’s Employee Benefits Security Administration1  in addition to possible claims under state or local law or contract. Usually, a client with this type of complaint may be referred to the Department of Labor, which may investigate, bring a civil action to correct violations, and impose criminal penalties on willful violators. Your client may also have the ability to sue for injunctive relief, payment of benefits due, other equitable relief, and attorney’s fees and costs.

These laws include the Employee Retirement Income Security Act of 1974 (ERISA),2  which sets minimum standards in an attempt to ensure that employee benefit plans (e.g., pensions, health care, disability, prepaid legal services, scholarship funds, daycare centers, training benefits) are fairly administered and remain financially sound. The law applies to plans provided by most private employers other than religious entities. ERISA preempts most, but not all, state and local laws relating to employee benefit plans.3

• 1See Emp. Benefits Sec. Admin., U.S. Dep’t Labor.
• 229 U.S.C. § 301, et seq.
• 329 U.S.C. § 1144.