Articles

Employee Benefits

Message from New EBC Plaintiff Co-Chair, Cassie Springer Ayeni

I attended my first Employee Benefits Committee (EBC) midwinter meeting in 2002, as I was on the cusp of graduating from UC Berkeley School of Law. Beth Lishner was my assigned mentor, and she remained in that role for many years after that first conference. I have developed deep and lasting friendships through this committee, and it is my honor to serve as the EBC’s 2019-2022 Plaintiff Co-Chair.

Employee Benefits

ERISA Re-Classification of Independent Contractors, Part II

Part Two explores whether the prohibition on impinging “substantive rights” under the Rules Enabling Act (hereafter REA) is triggered when Federal Rule of Civil Procedure 23 (hereafter Rule 23) is used to reclassify class members with independent contractor agreements into employees covered under ERISA. There is also a question as to whether in this context a Rule 23 certification prior to a merits determination on employee status conflicts with Federal Rule of Civil Procedure 82.