{"id":357838,"date":"2016-04-04T10:45:32","date_gmt":"2016-04-04T15:45:32","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/employment\/wages-and-benefits\/erisa-violations-penalties-and-punishments.html"},"modified":"2025-03-19T13:08:00","modified_gmt":"2025-03-19T18:08:00","slug":"erisa-violations-penalties-and-punishments","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/employment\/wages-and-benefits\/erisa-violations-penalties-and-punishments.html","title":{"rendered":"ERISA Violations: Penalties and Punishments"},"content":{"rendered":"\n
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ERISA Violations: Penalties and Punishments <\/h1>\n
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\n By Natalie Moritz<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Civil and criminal sanctions are enforced when employers fail to adhere to ERISA standards for private-sector employee benefit plans. Violations include denying benefits improperly, breaching fiduciary duties, or interfering with employee rights under the plan. Enforcement can be through individual lawsuits or by the Employee Benefits Security Administration.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

ERISA, which is short for the Employee Retirement Income Security<\/a> Act of 1974, is a set of federal laws designed to protect employees of private-sector employers who provide retirement plans. This includes pension plans, profit-sharing plans, and health insurance coverage.<\/p>\n

Don’t risk your retirement or health benefits. If you suspect your employer has violated ERISA, you can contact an attorney in your area<\/a> for help. An experienced attorney can advocate for your rights and help ensure ERISA compliance.<\/p>\n

ERISA establishes certain minimum standards for employee benefit plans. It also grants certain rights to employees covered by these plans. It authorizes a range of penalties and punishments for employers and plans failing to comply with these standards.<\/p>\n

This article discusses ERISA violations and potential penalties employers may face for non-compliance.<\/p>\n

Employer Obligations Under ERISA<\/h2>\n

It’s important to make sure your employer is the kind of entity ERISA covers before determining whether your employer has violated an ERISA provision. ERISA only covers plans provided by private, for-profit employers. Pension or health insurance plans<\/a> provided by the government or religious institutions don’t fall under ERISA protection.<\/p>\n

ERISA also imposes certain requirements on employers. Some obligations that ERISA puts on employers toward their employees include:<\/p>\n