Standing

:: How To Exclude “Independent Contractors” From Benefit Plans

“The following individuals are ineligible to participate in the Plan: (3) those individuals who are not on the Company payroll (such as consultants and independent contractors), whether or not they are later determined to be employees of the Company,…” Bendsen v. George Weston Bakeries Distrib., 2008 U.S. Dist. LEXIS 74212 (E.D. Mo. Sept. 26, 2008) …

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:: ERISA Plan Claims Dismissed As Jurisdictionally Flawed

Plaintiff also claims it is a fiduciary. However, Plaintiff has offered no authority for this claim, nor does the amended complaint contain allegations that would support this contention. Plaintiff merely alleges that it is an employee welfare benefit plan established and maintained to provide insurance and related benefits to participants and beneficiaries. (Plaintiff’s Amended Complaint, …

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