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Wage Payment & Collection Act

By: Derek Hawkins//August 16, 2017//

Wage Payment & Collection Act

By: Derek Hawkins//August 16, 2017//

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7th Circuit Court of Appeals

Case Name: Heather Studer v. Katherine Shaw Bethea Hospital

Case No: 16-3728

Officials: WOOD, Chief Judge, and POSNER and KANNE, Circuit Judges.

Focus: Wage Payment & Collection Act

Katherine Shaw Bethea Hospital is a not‐for‐profit healthcare provider in Dixon, Illinois. Heather Studer worked at the hospital as an occupational therapist until she resigned. After she resigned, she filed a small‐claims complaint in Illinois state court, alleging that the hospital violated certain provisions of the Illinois Wage Payment and Collection Act (“IWPCA”) by failing to pay her money that she had accrued under the hospital’s Paid Days Leave policy. The hospital removed the suit to federal court, claiming that Studer’s claim was completely preempted by the Employee Retirement Income Security Act of 1974 (“ERISA”).

But instead of filing an amended complaint, Studer filed a Rule 59(e) motion to alter or amend the judgment, again arguing that ERISA did not preempt her claim. The district court denied that motion, and this appeal followed. On appeal, Studer again contends that her IWPCA claim was not preempted by ERISA. Because we agree with the district court, we affirm.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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