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Employee Retirement Income Security Act (ERISA) › Dave & Buster's

Davis Wright Tremaine LLP

Cutting Employee Hours to Avoid ACA Requirements Costs Employer $7.4 Million

Davis Wright Tremaine LLP on

In response to the Affordable Care Act’s (ACA) 30-hour threshold for employee coverage, many employers, including retailers and restaurants, considered cutting employee hours to avoid offering health insurance....more

McGuireWoods LLP

Can the ACA Employer Health-Insurance Mandate Be Avoided by Reducing Employees’ Hours? McGuireWoods Healthcare Reform Guide:...

McGuireWoods LLP on

This is the 56th in a series of WorkCite articles concerning the Patient Protection and Affordable Care Act and its companion statute, the Health Care and Education Reconciliation Act of 2010 (referred to collectively as the...more

Arnall Golden Gregory LLP

Attempting to Avoid the Affordable Care Act’s Mandate by Reducing Hours Provokes ERISA Class Action Challenge

Arnall Golden Gregory LLP on

Employers nationwide are closely watching a class action lawsuit out of federal court in New York in which current and former employees have brought ERISA claims against restaurant chain Dave & Buster’s (“D&B”). In Marin v....more

Fisher Phillips

Limiting Employee Hours To Avoid ACA Could Violate ERISA, Court Rules

Fisher Phillips on

In a first-of-its-kind decision, a federal court recently upheld the right of employees to sue their employer for allegedly cutting employee hours to less than 30 hours per week to avoid offering health insurance under the...more

Franczek P.C.

Important Development in Dave & Buster’s Lawsuit Regarding Whether Cutting Employee Work Hours Violates ERISA

Franczek P.C. on

In a case of first impression that is being closely watched by plaintiffs’ attorneys and large employers alike, a federal judge recently ruled against a motion brought by Dave & Buster’s, the restaurant chain, to dismiss a...more

Kilpatrick

Liability under ERISA for Reducing Work Schedules?

Kilpatrick on

Earlier this week, the Southern District of New York denied a motion to dismiss a case against Dave & Buster’s, Inc. – a development that is sure to concern many employers around the country. This case, Marin v. Dave &...more

Balch & Bingham LLP

Questionable Retaliation Theory Gets Traction

Balch & Bingham LLP on

Since our earliest postings, we have warned of a notion, prevalent among employee counsel, that an employer plan sponsor unlawfully retaliates against an employee by reducing her work hours in order to deprive her of ACA...more

King & Spalding

Gaming the System? ERISA Interference Lawsuit Targets ACA-Driven Reduction of Hours Strategy

King & Spalding on

In a case believed to be the first of its kind, a recent class action claim has accused an employer of reducing hours of employees to avoid having to provide health coverage as required under the Patient Protection and...more

Epstein Becker & Green

Benefits Litigation Update – July 2015

Epstein Becker & Green on

Welcome to the new, rejuvenated version of the Benefits Litigation Update, which we bring you jointly with the law firm of Epstein Becker Green. Our goal is to provide a concise and, we hope, insightful glimpse into recent...more

Snell & Wilmer

May Companies Reduce Employee Hours to Avoid ACA Requirements?

Snell & Wilmer on

The Affordable Care Act (the “ACA”) generally requires that large employers offer health coverage that meets certain requirements to their full-time employees (i.e., employees working 30 hours or more per week) and their...more

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