Kutak Rock attorney Alex Engelkamp authored the article “Approaching Paid Sick Leave: Compliance or Preemption?” for the Spring 2018 issue of Benefits Law Journal, which explores the methods that may be used to navigate the landscape of paid sick leave laws in the United States.

The article first focuses on common challenges facing employers tasked with compliance with federal, state and local paid sick leave laws. To the extent possible, it offers solutions to common problems employers face when attempting to comply with these laws. Next, it explores a new and untested approach: Employee Retirement Income Security Act (ERISA) preemption, which the article argues should apply to paid sick leave laws. Finally, the article analyzes practical strategies employers might use to attempt to implement an ERISA plan that would preempt state and local paid sick leave laws.

Engelkamp concentrates his practice in employee benefits law. He focuses his practice in the creation, administration, and design of qualified retirement plans including defined contribution plans, defined benefit plans, and employee stock ownership plans.