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ERISA Preempts Certain State Wage Withholding Laws

A recently-released U.S. Department of Labor (DOL) letter, dated December 4, 2018, restates the DOL’s long-held position that ERISA preempts state laws that require employers to obtain written consent before withholding amounts from employees’ wages for contributions to an ERISA-covered plan.

Generally, most private sector employers offering health and welfare benefits are subject to ERISA regardless of size. Plans sponsored by government entities (federal and state), tribal governments and church plans are generally not subject to ERISA.


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Arthur Grutt