About the Course
Introduction
This CLE webinar will guide ERISA counsel in managing the legal challenges of ERISA preemption rules and overlapping state leave laws and their impact on retirement and health plan administration. The panel will discuss the application of federal rules, broad state leave regimes and requirements, recent court decisions, and key considerations and litigation techniques for plan sponsors and administrators.
Description
Section 514(a) under ERISA provides that ERISA preempts state laws insofar as they "relate to" any ERISA-covered employee benefit plan, subject to limited exceptions. This eliminates the possibility that plans would have to reconcile inconsistent state and local regulations, but could have significant implications if ERISA preemption applies to a claim.
In recent years, employers with multistate operations have been grappling with state leave laws that overlap with federal leave obligations. Many states have enacted broader leave regulations and requirements, creating compliance issues for employers and ERISA preemption issues for ERISA benefit plans.
A determination that ERISA preempts state law would change the entire framework of any litigation of ERISA claims, which would then be litigated in federal court with limited possible remedies for plaintiffs. Under Section 514(a), ERISA preempts "any and all State laws insofar as they may now or hereafter relate to any employee benefit plan" covered by ERISA, with limited exceptions. ERISA counsel must be aware of how these rules apply to effectively manage litigation involving claims against plan sponsors and administrators.
Listen as our panel discusses the legal challenges of ERISA preemption of state laws and policies, the impact on retirement and health plan administration, and best practices for ERISA counsel.
Presented By
Ms. Cramer has a national practice focused on health and welfare plans, including Taft-Hartley multiemployer plans. This includes counseling clients on mental health parity issues, HIPAA, ERISA and COVID-related matters. She also has experience in retirement and employment law, as well as paid leave, with a particular focus on compliance. Ms. Cramer's clients include universities, hospital systems, technology companies, communications companies and global e-commerce businesses.
Ms. Matloff is an experienced litigator in disputes involving ERISA and employment benefits as well as employment, insurance, non-profit organizations, complex torts, nursing homes, and consumer and home improvement products liability. Her ERISA litigation experience includes ERISA preemption issues, benefit claims, plan benefit calculation matters, as well as breach of fiduciary duty claims. Ms. Matloff has also represented clients in litigation involving wrongful termination and retaliation claims under the Family and Medical Leave Act, unpaid wages and government contractor’s personnel files. She regularly advises clients, including both for-profit and non-profit organizations, on a variety of employment law matters. Ms. Matloff provides counsel to employers regarding employment-related policies and agreements, including non-competition and non-solicitation agreements, severance agreements, and employee handbooks. She advises non-profit organizations on a variety of legal and litigation matters including director’s and officer’s liability, human resources and personnel decisions, employment practices, contracts, First Amendment issues, collections, and insurance.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Thursday, September 17, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. State leave laws and ERISA preemption issues
II. Application of ERISA preemption of claims against plan sponsors and administrators
III. Exception to preemption rules; Section 514 (b)-(d)
IV. Recent court case and implications
V. Considerations and best practices for ERISA counsel
The panel will review these and other key issues:
- Understanding ERISA preemption rules under Section 514(a) and limited exceptions
- Broader state leave regulations and ERISA preemption issues
- Recent court decisions, causes of action, and critical factors in determining the application of ERISA preemption
- Avoiding litigation pitfalls and crucial considerations for ERISA counsel
Related Courses
ERISA Preemption and State Leave Requirements: FMLA, Key Issues for Multistate Employers
Thursday, September 17, 2026
1:00 PM ET/10:00 AM PT
