Advocacy & Litigation
States and localities are becoming more aggressive in employee benefit mandates on private employers. With each new law or regulation it is becoming more and more difficult for large plan sponsors to maintain compliance. This page details some of the state and local policies that ERIC shaped to reduce, taxes, mandates, and compliance burdens on large employer plan sponsors.
Since 2015, ERIC has been the only national organization actively lobbying state and local governments on policies to exclusively support large employers so they retain flexibility to design and administer compensation and benefits to their nationwide workforce.
ERIC’s successes have included:
- Illinois: secured a permanent exemption for ERIC members from the Illinois Secure Choice Retirement Savings Program reporting requirements
- Seattle, Washington: sued the City for placing a mandate on the level of health care large hotels must provide to employees. ERIC and the City have agreed to a temporary non-enforcement of the Initiative which is still in effect.
- Oregon: successfully sued the Oregon State Retirement Board over its employer reporting mandate. As a result, ERIC member companies are exempt from the OregonSaves reporting requirement
- California: convinced the state not to impose any mandate on employers already offering retirement plans and secured an exemption for ERIC member companies from CalSavers registration process
- Texas: actively lobbied for telehealth in state and filed an amicus brief with the U.S. Court of Appeals for the Fifth Circuit in Teladoc, Inc. et al v. Texas Medical Board et al supporting the use of telemedicine. Governor Greg Abbott signed the telehealth bill into law in May 2017
- New York City: fixed an unworkable standard in its paid family leave rules to allow for various flexible work arrangements
- Albany, New York: we are urging legislators to narrow the definition of “family member,” reduce the minimum amount of earned sick time provided, and change carryover and frontloading policies
- Arizona: we successfully averted mandatory cash out or carryover of unused sick leave, obtaining an option for employers to frontload all available leave
- Austin, Texas: we successfully lobbied the City to make changes to its paid sick leave ordinance related to unused leave carryover, frontloading, waiting periods, and written disclosures of earned sick leave
- Michigan: helped to repeal Michigan’s health insurance claims assessment
- Louisiana: successfully lobbied and submitted testimony to kill a reinsurance program funded through an assessment on health insurers, health maintenance organizations, group self-insurers, and third-party administrators
- New Jersey: worked with legislators to remove from two bills an assessment on carriers and third-party administrators to fund a reinsurance program
- New Jersey: successfully urged Governor Chris Christie to veto legislation that would have expanded the state’s existing paid family leave laws, thereby creating unnecessary burdens on large employers
- Massachusetts: successfully lowered the per employee fine under the Employer Medical Assistance Contribution (EMAC) from $2,000 to $750; unemployment insurance relief was also secured
- Nevada: convinced the State Senate not to require employers to provide a written accounting of paid sick leave each payday. ERIC also secured additional flexibility for employers to determine whether to provide paid sick leave to temporary workers
- Oklahoma: the state withdrew its innovation waiver application that would have placed an assessment on health insurers and employers to fund a reinsurance program in the state, after ERIC called for an exemption for ERISA plans