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Home / Opinion Digests / Employment Law / Man’s misclassification claim not preempted by ERISA (access required)

Man’s misclassification claim not preempted by ERISA (access required)

The plaintiff is not suing for benefits, but for damages equal to the value of his denied benefits because of his alleged misclassification. As a result, his claims are not preempted by ERISA, so there is no federal question jurisdiction and the case must be returned to state court. Background Mark Hecht and defendant are citizens of ...