Dave & Buster’s Can’t Duck Obamacare ERISA Class Action

Law360, New York (February 9, 2016, 5:10 PM EST) -- A New York federal judge on Tuesday said amusement chain Dave & Buster’s can’t duck a proposed class action over claims it slashed employees’ hours to avoid increased health care costs stemming from Obamacare, saying the employees have a case under the Employee Retirement Income Security Act.

U.S. District Judge Alvin K. Hellerstein said former Times Square Dave & Buster’s employee Maria De Lourdes Parra Marin, who claims she and other employees had their hours reduced below the threshold for the company health plan, adequately argued this alleged act “[interfered] with the attainment” of her benefit entitlement as prohibited by ERISA....

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