What's the Law?
The Employment Retirement Income Security Act (ERISA) sets minimum standards for private company pensions, welfare, and health benefits. The law does not require companies to offer plans, but it does regulate for those who do.
Specifically, ERISA sets standards for
- How long employees must work to receive benefits
- Length of leave employees can take without change in benefits
- Whether an employee’s spouse has a right to their benefits in the event of their death
- Prohibition of discriminatory practices in benefit disbursement
- Transparency of information regarding which benefits are offered, how to obtain them, and any plan limitations
- How claims should be filed, and how they can be appealed if denied
- Reporting on benefits and accountability to the federal government for plan fiduciaries
- Participant rights to sue for benefits in the case of violation
Am I at Risk?
Common ERISA violations include:
- Illegally denying benefits
- Improper maintenance of records
ERISA violations are punishable by both civil and criminal penalties
- Civil penalties typically include payment of benefits owed, as well as court costs and any other fees incurred by the affected employee as a result of denial of benefits.
- Criminal penalties are determined by the severity of violation. For example, if an employer is found to have wilfully violation ERISA to deny benefits, they can face fines up to $100,000 and be jailed up to 10 years.
Learn how Bambee can help your business
Let's get started
What You Get
Bambee gives you a dedicated HR manager who helps you craft HR policy and understand compliance
Dedicated HR Manager
Not a call center or a hotline, your HR manager is dedicated to you.
In-Depth HR Audit
We audit your current HR business practices and help uncover hidden risks to your business.
Written Policies
We’ll work with you to craft your internal HR policies that fit the way you run your business.
A Powerful Platform
Store documents and company date in a platform designed to help you avoid mistakes
Unbiased Guidance & Coaching
Not a call center or a hotline, your HR manager is dedicated to you.
Unlimited HR Support
Available to help by phone, email, or chat. Consider us an extension of your team.
Does Bambee Cover All My Different Employees?
Each employee comes with it’s own set of regulations and risks. We can help you get compliant with teams of any employment type.
Full-Time
Contractor
Temporary
Part-Time
At Will
Leased
Exempt
Non-Exempt
Interns
Seasonal
Remote
Term
Detail