Insurer: Health Aides Lack Standing To Assert ERISA Violation In Lost Wages Case

Mealey's (June 28, 2019, 1:40 PM EDT) -- BROOKLYN, N.Y. — In a June 26 motion to dismiss a New York federal court lawsuit alleging that employers’ captive insurance and reinsurance scheme cheated home health aides out of lost wages and benefits, a captive insurer and its affiliates argue that the aides lack standing to assert a claim for engagement in prohibited transactions as nonfiduciary parties-in-interest in violation of Section 406(a) of the Employee Retirement Income Security Act (Ynes M. Gonzalez de Fuente, et al. v. Preferred Home Care of New York LLC, et al., No. 18-6749, E.D. N.Y.)....