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  • Benjamin R. Smith
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• Practice Areas
  • Discrimination Litigation
    • Disability Discrimination
    • Employment Rights During Covid 19
    • LGBTQ Discrimination
    • Pregnancy Discrimination
    • Age Discrimination
  • Employment Contracts & Litigation
  • ERISA Benefits Claims Appeals
  • Government Employee Discrimination & Termination Proceedings
  • Federal Government Employee Benefits Claims
  • Wage Hour Litigation
• Blog
  • 2023
    • October
      • What Are Common Wage and Hour Violations?
      • Can an Employer Ask About an Applicant's Disability During the Hiring Process?
    • July
      • Types of Disability Discrimination: Identifying Unlawful Practices
    • May
      • From Marginalization to Empowerment: How Disability Rights Movements are Shaping the Future
      • Beyond the 9 to 5: Understanding Compensable Time in Wage Hour Litigation
  • 2022
    • July
      • Actual Knowledge in Erisa Claims
      • About the Erisa Preemption
      • 2020 Virginia Employment Law Developments Virginia Wage Payment Act Amendments– Key Highlights
      • 2020 Virginia Employment Law Developments Virginia Wage Payment Act Amendments– Covenants Not to Compete
  • 2021
    • July
      • Enforcing Your Employee Retirement Income Security Act Rights
      • Retirement Plans That Are Protected by Federal Legislation
    • June
      • Are Pension Plans Adequately Funded?
    • May
      • Federal Government Stops Implementing Wage and Hour Rules
      • Get the Right Retirement Benefits on Time From the Government
      • Tips for Developing a Severance Package Negotiation Strategy
      • The Three Types of ERISA Benefits’ Claims and Their Time-Frame
    • April
      • Government Employees Deserve Benefits for Their Service
      • The Employment Retirement Income Security Act Protects Your Money
      • Workplace Discrimination Protections for LGBTQ Workers
    • March
      • 2020 Virginia Employment Law Developments Virginia Values Act – Key Highlights
      • 2020 Virginia Employment Law Developments Virginia Prohibits Misclassification of Workers
      • 2020 Virginia Employment Law Developments Virginia Enacts Sweeping Anti-retaliation Law
      • What Is a Reasonable Workplace Accommodation?
      • What to Do if You Believe You Were Fired for a Retaliatory Reason
      • Coca-Cola Bottlers’ Association Faces Erisa Lawsuit
    • February
      • Eighth Circuit Rules Against Cross-Plan Offsetting
      • Disability Discrimination and ‘Reasonable Accommodations’
      • Understanding FMLA Requirements and Responsibilities
      • Religious Discrimination in the Workplace
    • January
      • Recognize Your Value by Adequately Negotiating Your Contract
      • Recovering Benefits for “Invisible” Disabilities
      • Were You Wrongfully Denied Overtime Pay Earned Over the Holidays?
  • 2020
    • December
      • Supreme Court Allows States to Enact Price Controls for ERISA
      • What Is ERISA and How Does It Help Disabled Workers?
    • November
      • What Can Be Included in a Severance Package?
      • Elements of an Employment Contract to Include
      • What Are Your Options When Your ERISA Claim Has Been Denied?
    • October
      • What Can One Do if Their Federal Benefits Claim Is Denied?
      • What Makes a Non-compete Agreement Valid?
    • September
      • Releasing Legal Claims Through a Severance Agreement
      • With Kids at Home, Parents May Have the Right to Paid and Unpaid Leave
      • Mental Incapacity Not a Defense to Erisa’s Exhaustion Requirement
    • August
      • What to Consider Before Signing an Employment Contract
      • Should ERISA Apply to Troubled Public Pensions?
      • UPS Cleared in ERISA Lawsuit Has Key Takeaways
      • Nearly $40 Million Settlement Reached in ERISA Excessive Fee Case
    • July
      • DEPARTMENT OF LABOR PROPOSES NEW RULE ON ERISA
      • What Is ERISA and Why Does It Matter?
    • June
      • What Is the Health Insurance Portability and Accountability Act?
      • Your Right to Severance Pay May Be Protected by Federal Law
    • May
      • Who Qualifies for Consolidated Omnibus Budget Reconciliation Act?
      • How Long Do Insurers Have to Respond to Health Insurance Claims?
    • April
      • How Long Does an ERISA Claim Take?
    • March
      • Erisa Lawsuit Challenges Salesforce’s Plan Management
      • Supreme Court Favors Plaintiffs in ‘Actual Knowledge’ Ruling
    • February
      • Clark Law Group pllc_washington, D.C._general;Labor Law_1
      • Erisa Lawsuit Filed Against Shell Oil and Fidelity
      • Erisa Case Settled by Large Defense Contractor
    • January
      • Lawsuit Accuses Trader Joe’s of Mismanaging Retirement Fund
  • 2019
    • December
      • Department of Labor Intervenes in Wawa Erisa Case
      • Building a Good Administrative Record in Erisa Appeals
      • Erisa Benefits Claims Litigation Can Protect Wronged Workers
    • November
      • Supreme Court Hears Case From IBM Employees
      • MIT ERISA Lawsuit Moves Toward Settlement
    • October
      • Plan Participants Receive Compensation for ERISA Violation
      • Employees Can Challenge Deficient Cobra Notices
    • September
      • Erisa: Protecting Your Benefits Under Federal Law
      • Plan Ambiguity Costs Employer $4 Million
      • Industry Groups Argue ERISA Claim Should Be Denied
    • August
      • Appealing Benefits Denials for Public Sector Workers
      • The Protections Offered by ERISA
      • Welcome to Our Blog
      • Denials of Benefits Claims for Public Employees
    • July
      • Outdated Mortality Table Questioned in ERISA Lawsuit
      • Settlement in Retirement Account Lawsuit Against MFs
    • June
      • How to Appeal an Erisa Benefit Claim Decision
      • Common Erisa Violations and Criminal Provisions
    • May
      • Multiple ERISA Cases Seek Supreme Court Review
    • April
      • Erisa Has Narrow Scope for Employees of Indian Tribal Governments
      • Health Management Company Found Liable for Erisa Violations
    • March
      • Fiduciaries Lose Class Action Suit
    • February
      • Public Workers Face Complex Benefits System
    • January
      • Supreme Court Petitioned on ERISA Benefits Issue
      • Employee Lawsuit Questions Hospital’s Exemption From Erisa
  • 2018
    • December
      • Insurance Company Is Being Sued for Underpayment
      • Important Changes to ERISA Benefits Plans
    • November
      • Erisa Issues Litigated in Federal Fifth Circuit
      • Benefit Denials Hit Workers When They Are Most Vulnerable
    • October
      • Common Civil and Criminal Erisa Benefits Violations
      • How Erisa Protects Pensions for Private Sector Workers
      • How Erisa Protects Pensions for Private Sector Workers
    • September
      • Erisa Benefits Case Not Subject to Arbitration
      • Man Denied Disability Benefits Pursues Legal Action
    • July
      • Appeals Court Sides With Workers in Benefits Dispute
      • Rule Change Promotes Creation of Association Health Plans
      • What to Do When an ERISA Claim Is Denied
    • June
      • Erisa: Protecting Your Benefits Under Federal Law
      • Reasons for an Increase in 401K Lawsuits
    • May
      • New Rules for ERISA Benefits Claim Evaluations
      • Benefit Audits Decline but Recovery Proceeds up in 2017
    • April
      • TIAA Accused of Profiting Illegally From Retirement Plan Loans
    • March
      • OCWEN Sued by Pension Fund for ERISA Breaches
      • University Faces ERISA-Related Lawsuit
    • February
      • Department of Labor Pursues Erisa Compliance
      • Have You Been Denied Employee Benefits Covered by Erisa?
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