§ 4.3.6.5.7 ERISA PREEMPTION AS APPLIED TO EMPLOYMENT ISSUES

JurisdictionArizona

§ 4.3.6.5.7 ERISA Preemption As Applied to Employment Issues. The vast majority of published ERISA decisions deal with the preemption issue. A number of general trends have developed. It is now relatively clear that if a state law is directly focused on or makes a specific reference to ERISA or ERISA-governed plans, preemption is virtually inevitable in the absence of a statutory exemption.133 Although the progress of cases developing the ERISA preemption concept has been orderly and relatively free from...

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