Everyone deserves to be paid for the work that they perform. Unfortunately, many workers suffer wage-related harm from their employers when they are subject to violations of the Employee Retirement Income Security Act, also known as ERISA. When an ERISA violation happens, an aggrieved worker may not know what to do.
This post identifies some of the most common forms of ERISA violations that workers face and educates them on how these violations occur. It is not provided as legal advice or guidance. All questions about wage and hour claims, ERISA violations, and other legal matters should be directed to supportive legal professionals.
Common ERISA violations that hurt workers
ERISA protections do not cover all workers. In general, a worker must work for a for-profit entity, and not all for-profit entities qualify. Therefore, it is important that individuals find out if their employers are subject to ERISA before they pursue ERISA claims.
ERISA protections apply to employer actions that harm workers’ access to provided pension, retirement, or health insurance programs. As such, violations often involve denying individuals certain benefits that they are qualified for or obstructing qualified individuals’ access to benefits. Employers that breach their fiduciary duties to their employees with regard to ERISA-protected benefits may also cause violations that harm workers.
Remedies for ERISA violations
When a worker suffers a loss due to an employer-created ERISA violation, they may be able to recover the benefits they were denied. They may have their attorneys’ fees covered by their damages, and they may be entitled to interest on any benefits that they were denied from the time when those benefits should have been issued. Individual remedies will depend on the type of violation that a worker-victim suffers.
ERISA violations are serious and hurt workers. Those who are dealing with losses due to ERISA violations can speak with attorneys about their potential claims.