Dealing with Obamacare: Beware of potential ERISA pitfalls

By Tim Gould

The healthcare reform law has left employers with a lot of important decisions to make. But further complicating matters is a tricky section in the Employee Retirement Income Security Act (ERISA).  
Section 510 of ERISA prohibits employers from punishing employees for exercising — or attempting to exercise — their rights under a benefit plan. It also prohibits employers from making moves to interfere with employees’ ability to obtain a benefit they’d otherwise become entitled to.
The penalties for violating this section of ERISA can include reinstatement, restitution and back pay.

The link to Obamacare

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