Health provider lawsuits, breach of fiduciary duty, defense of participant lawsuits, withdrawal liability, collection of delinquent contributions, advise on class action and securities litigation opportunities.
S&J represents employee benefit plans and fiduciaries in litigation spanning breach of fiduciary duty, prohibited transaction, prohibited transaction exemptions, shared services, lease arrangements with parties in interest, monitoring service providers, IRS investigations, DOL investigations and audits, and DOL penalties.
On behalf many pension plans S&J has successfully recovered large sums of withdrawal liability from employers, controlled group members and successor entities. Our extensive experience has allowed us to efficiently resolve issues, arbitrate claims, and litigate disputes. We closely monitor all legal development including the “Segal Blend”. Our signature “Watch List” has enabled our clients to identify employers that become ineligible for the building and construction industry exception within the 5-year period. We understand the value of working with partially withdrawn employers and aim to avoid bankruptcy.
Every month, Union members in the construction and other industries work hundreds of hours for their employers
expecting to receive bargained-for benefits for each hour worked. Unfortunately, sometimes for a variety of reasons
those benefits are not paid.
It is crucial that ERISA Trust Funds follow a systematic and thorough process to collect unpaid fringe benefits. This process begins at the pre-litigation stage and can take multiple paths (concurrently or independently) to ensure that the amounts are collected.
S&J specializes in the processes to ef iciently and successfully collect delinquent contributions for ERISA Trust Funds. We have several, highly experienced attorneys who work as a team to ef ectively resolve collections and audit disputes. This includes pre-litigation negotiations with signatory employers, general contractors, and public agencies including negotiations of joint check agreements and releases in exchange for joint checks.
Where appropriate, our attorneys are proficient at litigating collection actions in Federal Court (including appeal to the Ninth Circuit Court of Appeals), State Court (including actions to perfect mechanics liens, stop notices, and actions for general contractor liability under Labor Code 218.7/218.8).
Settlement is often the most advantageous option both for our clients and for the delinquent employer. Therefore, we are skilled at both negotiations directly with the employer and their counsel, as well as formal proceedings before settlement judges and mediators. This includes negotiating payment plans that are monitored in-house by the Trust Funds, which allow the signatory employer to remain in business while ensuring that the Trust Funds are protected. While we ultimately try to avoid a signatory employer’s bankruptcy, sometimes such filings do occur. Therefore, our attorneys are well-versed in securing ERISA Trust Fund claims in Ch.7/Ch.11/Ch. 13 actions including litigation in adversary bankruptcy proceedings attempting to inhibit the Trust Funds’right to collect.
We remain updated regarding all relevant caselaw pertinent to ERISA collections and ensure our clients remain apprised of any updates or court decisions that may impact their decisions on ongoing collection matters, and their collection policy as a whole.
Please contact Saltzman & Johnson Law Corporation if you feel that you have been harassed, discriminated, or
mistreated at work because of your age, color, disability, gender, gender identity, medical condition, national origin, race, religion, sex, or sexual orientation.
Disability Discrimination & Harassment/reasonable Accommodations
Individuals with physical and mental disabilities and those who have a serious health condition have a right to be free from discrimination based on their disability and medical condition. Furthermore, both California and Federal law require employers to provide reasonable accommodations to employees who are disabled or suffering from a serious medical condition, as long the accommodations do not cause an undue burden on an employer.
Family Medical Leave And Personal Medical Absences
Both the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) require an employer to grant an employee who has worked for them for a year or more and who has worked more than 1,250 hours for that employer in the prior year, the right to take up to 12 weeks of job-protected leave on account of their health or the health of certain family members.
Pregnancy Discrimination Leave
In California under the Pregnancy Disability Leave Law (PDLL) employers that have more than 5 employees must allow an employee up to 4 months off work for time that that employee is actually “disabled” by pregnancy.
Every employee is protected from sexual harassment and discrimination in the workplace which is defined as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature.
Age Discrimination Iscrimination/harassment
Employees over the age of 40 are entitled to be free from discrimination, harassment, and from being retaliated or terminated due to their age under both Federal and California law.
Failure To Accomodate Religious Practice
Under both Federal and California laws, individuals are entitled to be able to have their religious beliefs including religious dress and grooming practices (maintaining a beard, wearing hijab or yarmulke) reasonably accommodated in the workplace.
If your California employer falsely "bad-mouthed" you or made false statements about you which you believe have damaged your reputation, you may have a claim for defamation.
Whistleblowers are those employees who report an employer’s violations of a law (or reasonable suspicions of the violations of a law) to their employer, to law enforcement, or to government agencies, and subsequently suffer a punitive action taken by their employer such as termination or demotion.
We are available to serve as an independent fiduciary to assist trust funds with all aspects of ERISA and navigate challenging issues.
S&J represents many self-insured and fully-insured health plans. We have extensive experience in all areas of ERISA, Internal Revenue Code, HIPAA/HITECH, Patient Protection and Affordable Care Act, and No Surprises Act and Transparency Law. Our attorneys efficiently guide Trustees on claims and appeals issues, plan design, UCR, subrogation, and provider contracts. We have effectively represented health plans before the HHS, IRS and DOL. S&J spearheads RFIs and RFPs independently and in collaboration with other plan professionals.
Representing labor-management cooperative trusts allows S&J to contribute to strengthening and growing the skilled and trained workforce in California, Hawaii, and Utah. As legal counsel we carefully craft agreements, facilitate grants and evaluate opportunities for building the trade unions.
S&J has represented public sector defined benefit retirement plans for California cities and transit agencies for over thirty years. We have extensive experience in interpreting public sector retirement laws, related constitutional provisions such as the vested rights doctrine, and applicable governmental transparency laws; as well as in reviewing domestic relations orders allocating the marital community property interest in retirement benefits, and disability retirement applications.
S&J represents many defined benefit plans and defined contribution plans, including money-purchase plans, profit-sharing plans, and cash-balance plans. We have extensive experience with ERISA, Internal Revenue Code, Pension
Protection Act (i.e. endangered, critical, critical and declining), MEPRA, American Rescue Plan, PBGC regulations, and cybersecurity. Our attorneys efficiently guide trustees on claims and appeals, benefit levels, QDROS, and provider contracts. We advise on correction of plan failures under the IRS EPCRS. We have effectively represented retirement plans before the IRS and DOL. S&J spearheads RFIs and RFPs independently and in collaboration with other plan professionals.
We timely and meticulously handle legal components of investments for many trust funds including arrangements involving blockchain infrastructure or restrictions such as cryptocurrency.
S&J has experience with vacation pass-through practices as well as representing vacation trust funds subject to ERISA and DOL rules. We understand that vacation payments are employee wages and treat them with the utmost urgency when issues arise.
Legal Defense Funds
S&J has extensive experience in serving as trust counsel for legal defense funds. We have written specialized plan documents and policies germane to those plans. We have prepared the unique Board coverage decisions applicable to this category of benefit.
S&J is very proud to serve as legal counsel to several apprenticeship funds to facilitate a skilled and trained workforce in California, Hawaii, and Utah. We are very familiar with ERISA, DOL Reg. 29 CFR 30, Division of Apprenticeship Standards, and state laws. Our attorneys have conducted many trainings of apprenticeship fund employees and we counsel trustees on law and policies with respect to discrimination and harassments claims. We advise on lease arrangements and vendor contracts. Our attorneys have represented funds before the California Department of Apprenticeship Standards, California Department of Fair Employment and Housing, EEOC and DOL.