Michelle Capezza Quoted in “Classify Correctly: Make a Mistake and Your Plan Could Fail the ERISA Test”

Corporate Counsel

Michelle Capezza, a Member of the Firm in the Employee Benefits and Health Care and Life Sciences practices, in the firm’s New York office, was quoted by Corporate Counsel in “Classify Correctly: Make a Mistake and Your Plan Could Fail the ERISA Test,” by Marlisse Silver Sweeney. (Read the full version – subscription required.)

Following is an excerpt:

It’s becoming commonly known that employers who misclassify employees as independent contractors are open to liability under federal and state labor laws. But what’s lesser understood is the importance of complying with employee benefit plans under the Employee Retirement Income Security Act of 1974, or ERISA, according to Michelle Capezza of Epstein Becker Green.

“Improper exclusion of workers from participation in employee benefit plans governed by ERISA can jeopardize a plan’s tax-qualified status as determined under the Code and can also provide these workers with a cause of action under ERISA,” she says. They “must be mindful of the effects misclassification of employees can have on their employee benefit plans.” So, what does this mean for employers?

Ms. Capezza has also written about this topic in “The Misclassified Worker and Employee Benefit Plan Considerations,” which originally appeared on Technology Employment Law, an Epstein Becker Green blog.