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Labor and Employment Law

Maurice A. Deane School of Law at Hofstra University

Hofstra Labor & Employment Law Journal

Employee fringe benefits -- Law & legislation

Articles 1 - 5 of 5

Full-Text Articles in Law

Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman Jan 2009

Where Are We Going, And Where Should We Be In Ten Years?, Jonathan Barry Forman

Hofstra Labor & Employment Law Journal

No abstract provided.


The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis Jan 2009

The Next Generation Of Preemption Cases: State Regulation Of 401(K) Plans, Debra A. Davis

Hofstra Labor & Employment Law Journal

It is not uncommon for state legislatures and the federal government to enact laws that involve similar issues. However, the Employee Retirement Income Security Act of 1974, as amended (ERISA) provides that state laws are preempted to the extent they relate to employee benefit plans. Since its enactment in 1974, most of the state laws that have been preempted focused on health matters. However, this is likely to change. With many of their constituents lacking adequate retirement benefits as well as the increased attention being placed on 401(k) plans, states are likely to start attempting to legislate in the area …


A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer Jan 2009

A Regulatory Vacuum Leaves Gaping Wounds-Can Common Sense Offer A Better Way To Address The Pain Of Erisa Remedial Law, Andrew L. Oringer

Hofstra Labor & Employment Law Journal

The article provides an extensive look at the subject of preemption across the benefits spectrum. It addresses the question of whether there are gaps in ERISA relating to causes of action and remedies available to participants and beneficiaries that should be filled by the courts. Alvin Lurie notes, The age-old debate of strict construction versus judicial activism that has raged in so many sectors of the law in this country is now being replayed in this arena. [Reading Oringer's] article . . . on the 'pain of ERISA preemption' is compulsory of anyone wanting to engage in that debate or …


Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo Jan 2009

Erisa Misrepresentation And Nondisclosure Claims: Securities Litigation Under The Guise Of Erisa?, Clovis Trevino Bravo

Hofstra Labor & Employment Law Journal

No abstract provided.


Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster Jan 2009

Leaving Well Enough Alone: Reflections On The Current State Of Erisa Remedial Law, Thomas P. Gies, Jane R. Foster

Hofstra Labor & Employment Law Journal

No abstract provided.