Minneapolis Employment Law Firm

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ERISA Pension and Benefits Minnesota

Many employers choose to provide a variety of employee benefits, or non-wage compensations, to their workers in addition to paying monetary compensation. Benefits can include group health, dental, or life insurance, retirement benefits, daycare, tuition reimbursement, sick leave, vacation (paid and non-paid), social security, profit sharing, funding of education, and other specialized benefits.  With proper legal advice, employees can take full advantage of their employers’ benefits plans and ensure that those plans are being properly administered. The three plans our firm most often advises clients about are ERISA, the FMLA, and COBRA. Contact us today with your questions. 

What is ERISA?

ERISA, the Employee Retirement Income Security Act of 1974, is a federal law that guarantees certain categories of employees a pension after some period at their employer; sets minimum standards for pension plans by guaranteeing that pension rights cannot be unjustly denied to workers or taken from them; and requires that employers provide full and clear information about employees’ pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

ERISA further attempts to standardize pension plans and medical, surgical, sickness, disability, and death benefits plans and to ensure that the plans are financially sound and equitable. Both individual employees and groups of employees can challenge the employer’s failure to equitably and profitably administer an ERISA-governed plan. 

ERISA Pension and Benefits Case Results

The Client: 75,000 401(k) Participants.
Approach: Larry Schaefer participated in the prosecution of this novel ERISA class action, challenging management of 401(k) funds on behalf of more than 75,000 participants.
Solution: Class action status was approved and the case was settled for $26 million. Plaintiffs also obtained the appointment of an independent advisor to assist in fund management, comprehensive reporting obligations and introduction of new funds, and extensive reporting obligations.

The Client: 500+Pension Plan Participants Representing Terminated Executives.
Approach: Larry Schaefer participated as one of the lead counsel in an ERISA challenge to the failure to honor promises made following a company purchase in funding a pension plan, including taking the deposition of the CEO.
Solution: The case settled for substantial monetary and injunctive relief.

The Client: 33 year-old nurse and mother of five
Problem: State denied unemployment benefits after resigning from physically violent workplace
Approach: Appealed denial of unemployment benefits
Solution: Minnesota Court of Appeals reversed state’s denial; client received full unemployment benefits

  • ERISA Pension and Benefits

    ERISA Pension and Benefits

Understanding ERISA Pension and Benefits in Minnesota

What is the Family & Medical Leave Act (FMLA)?

FMLA, the Family & Medical Leave Act of 1993, is a federal law that entitles “eligible” employees to take off up to 12 weeks of unpaid sick leave in any 12 month period for the birth or adoption of a child, to care for a family member, or if the employee herself has a serious health condition, without losing their jobs or benefits. An “eligible” employee is an employee who has been employed by the employer for a least 12 months and worked at least 1,250 hours. The 12 months do not need to be consecutive. You are only an “eligible” employee if your employer employs 50 or more employees within 75 miles of the worksite. If the company is a public agency, it is subject to provide FMLA regardless of the number of employees employed. If an employee qualifies and has unused FMLA leave time, the employer cannot deny FMLA leave.

When you return to work from family or medical leave, under the FMLA your employer is required to re-employ you in your original job or an equivalent. Although an employer cannot legally retaliate against an employee because the employee legitimately takes family or medical leave under the FMLA, the employer could be entitled to discharge the employee while on FMLA leave if the reason is not retaliatory under the FMLA and not wrongful termination in any other way. Minnesota has enacted its own version of the FMLA which is more generous in many respects than the Federal version. Employees are entitled to apply whichever version of FMLA is most generous to their situation. 

What are COBRA Benefits?

COBRA stands for the Consolidated Omnibus Budget Reconciliation Act, a 1986 federal law. Minnesota has a version of COBRA called the Continuation law. Both laws require most employers to offer employees continuation of some health insurance benefits for a period of time after they leave employment. COBRA generally covers group benefit plans maintained by employers with 20 or more employees. If an employer has less than 20 employees, they are required to offer continuation of coverage under Minnesota law. In many cases, Minnesota law provides more coverage to the individual than does COBRA. In these instances, the employer must follow Minnesota Continuation law requirements. In some areas, however, Minnesota Continuation laws are silent where COBRA provides regulation.

If you’re covered by an employer-provided group health insurance plan, your employee rights might entitle you to COBRA or Continuation extended health insurance benefits if you quit or get laid off or fired from your job. Because the laws in this area can be complex, it is important to get good legal advice about which options are available. Our experienced attorneys can advise you about applicable laws to make sure that you can take full advantage of health insurance options available to you after you leave employment.

FAQs About ERISA Pension and Benefits in Minnesota

What is considered an ERISA plan?

ERISA covers retirement plans and welfare benefit plans. In 2013, ERISA included roughly 684,000 retirement plans, 2.4 million health plans, and an additional 2.4 million welfare benefit plans. These plans cover about 141 million workers and beneficiaries, and include assets worth more than $7.6 trillion.  The majority of America’s workforce earn retirement (54% of workforce) and health benefits (59% of the workforce) through their jobs.

What is ERISA’s purpose?

The Employee Retirement Income Security Act (“ERISA”) of 1974, is a federal law that guarantees certain categories of employees a pension after some period at their employer; and sets minimum standards for pension plans by guaranteeing that pension rights cannot be unjustly denied to workers or taken from them.  Additionally, ERISA requires that employers provide full and clear information about employees’ pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

What are the ERISA rules?

ERISA requires a plan to provide participants with important information about their plan’s features and funding, provides fiduciary responsibilities for those who manage and control the plan’s assets, and requires a plan to establish a grievance/appeals process for participants to get benefits from their plans. It also establishes enforcement provisions to ensure that the plan’s funds are protected and that qualified participants receive their benefits, even if a company goes bankrupt.

What general protections does ERISA provide to employees?

ERISA sets minimum standards for most voluntary and privately established retirement and health plans, which includes protections for the plan’s participants. It requires the plan’s sponsors to provide plan information to participants. It establishes standards of conduct for the plan’s managers and other fiduciaries. Finally, ERISA gives participants the right to sue for benefits and breaches of fiduciary duty.

Recent Posts from Schaefer Halleen

Employee Rights and Vaccinations

  Many employers are requiring that employees eligible for COVID-19 vaccines must get the vaccine and must provide proof of this vaccination before returning to work.  There is a clear public he...

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If you work for a company that employs at least 100 people, and you lose your job because of a plant closing or a “mass layoff” (one third of the workforce or a big enough number of people), you c...

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Schaefer Halleen, LLC

Schaefer Halleen, LLC is located at:
412 S 4th St
Suite 1050
Minneapolis, MN 55415
Phone:612-294-2600
Fax:612-294-2640
www.schaeferhalleen.com

Google Rating
4.8
Based on 33 reviews
Schaefer Halleen, LLC
Schaefer Halleen, LLC
4.8
Lia
Lia
22:13 26 Feb 21
Peter and Lauren are patient and understanding. They considered my case from every angle possible. They also took the time to educate me a bit on how the law works. Very impressed!
Julie Koritz
Julie Koritz
01:27 25 Feb 21
Peter and Jacob did a great job getting me a settlement. I am very fortunate to have worked with them.
DeAijha Perry
DeAijha Perry
05:22 30 Dec 20
Henry V
Henry V
15:56 25 Sep 20
I worked with Larry Schaefer and Lauren D'Cruz. They enthusiastically took up my case. They showed creativity, good judgment and deep knowledge of the law in formulating the theory of the case. They also struck a fine balance between zealous advocacy and risk management. They were very responsive and provided timely status updates throughout our engagement. They took genuine interest in me as a person. I would recommend Schaefer Halleen to my family and friends without reservation.
Constance Lewis
Constance Lewis
15:46 10 Aug 20
I had the opportunity to work with Peter Christian. He was amazing to work with. He believed in my case from the moment we spoke and was diligent in working for me. He kept me in the loop on every aspect of my case, he allowed me to have input before decisions were made and fought for me from the very beginning to the end. He was prompt and followed through on everything he said he would. Peter was very professional, and timely. I truly appreciate the time and dedication to my case. Thank you Peter for taking the chance with my case and fighting for me. With Peter's expertise, my case was settled with a positive and favorable outcome. You were a pleasure to work with and I would highly recommend your services. Thank you again!
B Bowlby
B Bowlby
15:46 24 Apr 20
I cannot recommend Schaefer Halleen highly enough. I had a particularly hard employment issue and I found the people at S.H. to be excellent to work with. They are all very professional, very intelligent, handled me and my situation with care and always kept me up to date on where my case was at. In the rare instance when I contacted them by either phone or email I received a near immediate response.I was always made to feel that I was important and I always felt I was being given advice I could trust. At the end of the day my case was settled in a very timely manor and I am very pleased with how it turned out.Finally, the lawyers and staff at S.H. are some of the most experienced people in their industry and I was very impressed with their past accomplishments. I knew I could trust S.H. to handle my case after the very first meeting. If you need employment law help, Schaefer Halleen, LLC is the one and only firm I would recommend.
Roland Awasome
Roland Awasome
13:32 02 Apr 20
I am a professional and worked with many attorneys in the past. Peter is hands down the best out there. I can’t recommend him enough .
Laura H
Laura H
14:10 21 Feb 20
I am so thankful I found the Schaefer Hallen team to help me through one of the most difficult times in my life. Lauren always took the time to listen and was respectful and professional. Her attention to detail is impeccable, and she helped organize all my random thoughts and emails to help strengthen my case. Larry and Lauren kept me informed throughout the whole process and always made me feel like I was in control. With their expertise, my case was settled efficiently and with a positive outcome.
Mevhibe Atay
Mevhibe Atay
20:03 19 Feb 20
I had a great experience with the firm. My attorney Darren Sharp was very efficient, knowledgeable and kept me informed at every step. Very trustworthy and professional.
Ioannis Karampelas
Ioannis Karampelas
15:45 12 Sep 19
Extremely professional and humane treatment towards me as a person in severe trouble, perplexed by conditions generated totally out of my control. This law firm is outstanding.
Katy Eagle
Katy Eagle
16:54 16 May 19
Overall, the firm is great! Lauren D'Cruz is organized, thoughtful, and very pleasant to work with. I have enjoyed my interactions with everyone at Schaefer Halleen over the years. I highly recommend the firm and Ms. D'Cruz.
M M
M M
20:11 05 Apr 19
It is with great pleasure that I write this for Mr Schaefer and his capable people comprised of talent and empathy. I had a fear of Attorneys (due to my own weakness, no disrespect to the legal profession), but I felt pleasantly surprised after my visit to his firm located in the heart of Minneapolis - my home city that I am passionate about. Larry's office emblomized everything that I look for. The attorneys, the administrative staff, the decor, it all felt "happy" and "inter-connected". I had thought my case was too too hard to understand by others, however due to Larry's brilliance and savvy, it became evident to me that he understood it very well. He had a clear line of action and a resolve to seek justice with ethics. That was all that I desired. I hope Larry's office continues to serve the disability community, that it prospers, grows, and makes Minneapolis the best city in the world.
Sameh Said
Sameh Said
16:21 04 Apr 19
I am very thankful to Larry for helping me through a very difficult time of my life. My former employer discriminated against me and treated me very badly and I was forced to resign to end my struggle with this employer. I did not know what to do or who I can find to help me getting through this and restore my reputation and my employment. I met with several layers prior to my meeting with Larry and I can tell the difference immediately when I engaged with him. Larry told me what will happen in the first meeting and despite my process took several months, he was able to predict the successful outcome just through listening to me in that very first meeting. He has complete understanding of all employment related issues, he is focused and dedicated to help his clients getting back on track. His strategic thinking and the steps he made were the key to success. He also has a wonderful team that are just the right team to help. Quick response and timely feedback about what is going on with the case so you are always in the loop with the next step. Now I moved on to a new and a better employer and I feel I am beginning a new and a good chapter in my life, and I feel I can't thank Larry or his wonderful team enough for what they did to me and how they supported me to get through probably the worst chapter in my life.Thank you Larry
Rebecca Thavis
Rebecca Thavis
17:14 02 Apr 19
Larry truly went above and beyond. In each step of the case, he made sure I was aware of what was happening and the next steps. He called frequently, and followed my choices, making sure that I felt in control. I never felt like a victim, or less- he helped inspire me to fight for what I needed and deserved. If I had to go through it again, no questions asked, I would want Larry by my side every step of the way. His team is well organized, efficient, kind and discrete. I am forever grateful that Schaefer Halleen represented me, and I highly suggest them for any and all people who need empowering representation.
Joanne Simons
Joanne Simons
21:30 26 Mar 19
Excellent experience, outstanding staff, expedient, caring, respectful.
Jessie Lecy
Jessie Lecy
00:22 18 Mar 19
The humanness and genuine care for their clients separates this firm from others and makes it best in class.
John Styliaras
John Styliaras
23:55 17 Mar 19
Larry and his team at Schaefer Halleen helped bring to resolution issues at the workplace in an amicable manner. When I first approached Larry, I was not even sure what steps to take, what to do, did not even know if I needed a lawyer, or why I needed a lawyer. All I knew was that friends and colleagues told me to reach out to a lawyer. And when I asked around, his name and his firm's name kept on being mentioned by many. And the reputation was well deserved.Larry patiently and deliberately listened to my story, and then explained to me exactly why I needed a lawyer, and how he could help me. Immediately he laid out the plan about how to proceed. Instantly I was put at ease. Throughout a very long process, he provided me advice and guidance and was always willing to talk to me on the phone, whenever there were either updates, or I had questions and concerns.I am absolutely certain that I would had not been able to reach the resolution without Larry's and his team's steadfast guidance, advice, and impressive work. I recommend Larry and his firm unconditionally - the very best in the field.John C. Styliaras MD,MS
Suzanne Simpson
Suzanne Simpson
14:43 15 Mar 19
Lawrence is exceptional. He prepared me for the process, explained the possible outcomes and provided next step direction throughout. My experience was settled efficiently, and with a very positive outcome. I’m so glad I found Schafer Haleen, LLC.I highly recommend their services.Suzanne
Ricardo Vidal Gonzalez
Ricardo Vidal Gonzalez
18:49 12 Dec 18
I highly recommend the Schaefer Halleen law firm. Larry Schaefer was always available to answer any questions and his team was very professional. They work hard to get results and take the time to listen to the client’s goals.
annette miller
annette miller
00:40 07 Nov 18
I found the team to be professional, respectful and very well versed in employment law. I would recommend them to anyone looking for advice or expertise in this area.
Lynn Hassan Jones
Lynn Hassan Jones
14:18 31 Oct 18
I am a physician who recently hired Schaefer and Halleen to represent me in an employment discrimination case, my Atty was Jean Boler ESQ.They provided top-tier legal services to me for my case 2017 through my settlement in 1st qtr of 2018.This was excellent legal representation, specifically - very responsive, very prompt, extremely detailed and never off-putting.Absolutely would recommend without reservation!
Doc MoSho
Doc MoSho
19:40 02 Jul 18
They were attentive and responsive and dod a great job of diffusing the tension in a situation that could have been quite adversarial. They also did an excellent job of level setting before the process proceeded to far in an unrealistic direction. Great work.
the Dodger
the Dodger
14:28 04 Jun 18
Joyce Jenkins
Joyce Jenkins
19:03 02 Jun 18
Larry has been a great resource for several years. His response time, quality of response and follow up are excellent. He has been flexible enough to answer an impromptu calI and get a response back within an hour. I recall talking to Larry early one morning when there was 8" of snow and most businesses were closed. He was the only one in the office to keep my appointment.I have recommended Larry to more than a dozen of my friends and colleagues and I feel very comfortable recommending him to anyone.Derek Jenkins
John
John
23:57 01 Jun 18
An honest lawyer? YES! Larry was fantastic and I can’t thank him enough for his unbiased advice and support.
Ravi Balwada
Ravi Balwada
21:00 01 Jun 18
Larry is amazing. Very professional, takes the time to listen, is very knowledgeable and respected and if he says he can get you justice - you can count on it.
John Wichmann
John Wichmann
20:19 01 Jun 18
Larry and his team did an amazing job! They completed a task very smoothly and successfully that others said couldn't be done. I would hire him again in a heart beat.
Anne Dament
Anne Dament
18:52 01 Jun 18
Larry Schaefer is an incredible leader with an outstanding team of experts. They listen and care about their clients and work very hard on your behalf, educating you on your rights and guiding you through the process along the way. Everyone on the team is helpful and kind. 5 stars.
Bea Abdallah
Bea Abdallah
18:01 01 Jun 18
I strongly recommend this firm — so much so I once referred a colleague who they also helped. The firm is focused on their client’s specific issues, and unlike other attorneys I’ve worked with, they keep ongoing communication with you as the case advances. I am impressed with the professionalism and strong leadership from the staff, and deeply grateful for their good work.
Joanna Ramirez
Joanna Ramirez
16:54 01 Jun 18
I am grateful to Larry and his team. They did an excellent job of educating me about the legal process and keeping me updated on the status of my case. They had first hand knowledge about employment law in that they worked to get some of the legislation established.
Brett Rizk
Brett Rizk
12:26 13 Feb 17
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Recent Blog Posts

  • Employee Rights and Vaccinations January 26, 2021
  • COVID-19 and Severance Payments January 19, 2021
  • Identifying Sexual Harassment in the Workplace January 5, 2021
  • How Do I Win a Wrongful Termination Case in MN? December 22, 2020
  • Discrimination and Harassment Based on Race, Color, Religion, and National Origin December 8, 2020

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