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Recently, Employee Benefit News published an article by Craig J. Davidson, CEBS on how reducing employee hours may create an ERISA problem for employers<\/a>. Essentially his argument states that employers will be reducing employees hours to to avoid setting up a benefit plan, which interferes with the right of the employee to participate in the plan and therefor this is a violation of ERISA Section 510.<\/p>\nThe portion of ERISA which he is basing his thesis states “”It shall be unlawful for any person to discharge, fine, suspend, expel, discipline or discriminate against a participant or beneficiary for exercising any right to which he is entitled under the provisions of an employee benefit plan … or for the purpose of interfering with the attainment of any right to which such participant may become entitled under the plan … ”<\/p>\n
Here’s the problem with this argument – there has to be a plan in (more…)<\/span><\/a><\/p>\n","protected":false},"excerpt":{"rendered":" Recently, Employee Benefit News published an article by Craig J. Davidson, CEBS on how reducing employee hours may create an ERISA problem for employers. Essentially his argument states that employers will be reducing employees hours to to avoid setting up…<\/span><\/p>\n