Stacey Cerrone
Partner
Stacey C.S. Cerrone is a partner in the Labor & Employment Law Department, where she focuses her practice on ERISA litigation and labor and employment law.
Stacey represents plan sponsors, plans, directed trustees, and fiduciaries in all phases of litigation and mediation involving all aspects of ERISA, including: class actions and individual claims relating to ERISA's fiduciary duty and prohibited transaction provisions; denials of claims for benefits; church plans, severance plans; ERISA Section 510; retiree benefits; ERISA preemption of state law claims; and plan investment losses.
Stacey’s work also includes wage and hour law, handling numerous wage and hour class and collective actions. She also does employment law work including employment discrimination, sex harassment, gender discrimination, race discrimination, national origin discrimination and ADA claims. She also handles traditional labor law matters, including collective bargaining and defending unfair labor practice charges. Stacey is the author of numerous speeches and articles. She is co-editor of the Employee Benefits & Executive Compensation blog and co-chair of and contributor to the “ERISA Preemption and Effect on Other Laws” chapter of the ABA Labor & Employment Section's Employee Benefits Law book and the author of the “When is Preliminary Relief Available” chapter in BNA’s ERISA Litigation book.
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In a case of first impression, the Ninth Circuit overturned 35 years of precedent and ruled that ERISA class action claims brought on behalf of an ERISA plan are subject to individual arbitration. The Court also enforced the arbitration agreement’s class action waiver and sent plaintiff’s putative ERISA class action to individual arbitration with relief … Continue Reading
Over the past several years, the ERISA plaintiffs’ bar has targeted university-sponsored 403(b) plans, arguing that the plan fiduciaries breached their fiduciary duties and engaged in prohibited transactions in connection with offering certain investment options and the administrative fees associated with such plans. Among other things, they have argued that the plan fiduciaries offered too … Continue Reading
The United States Supreme Court unanimously ruled in favor of religiously-affiliated hospitals and healthcare organizations in holding that a pension plan need not be established by a church in order to qualify for ERISA’s church plan exemption. Petitioners are religiously affiliated non-profit healthcare organizations appealing decisions by the Third, Seventh, and Ninth Circuit Courts of Appeal … Continue Reading
A federal district court in Michigan dismissed a breach-of-contract suit against General Motors over a $450 million payment for retiree medical benefits. Int’l Union, UAW v. Gen. Motors, LLC, No. 10-11366, 2013 U.S. Dist. LEXIS 173793 (E.D. Mich. Dec. 10, 2013). As part of a settlement agreement with the UAW in 2007, General Motors promised … Continue Reading
Under ERISA, plan participants and beneficiaries have the right to obtain information pertaining to their benefit entitlements and the operation of the plans in which they participate. Sometimes these rights compromise the protections of the attorney-client privilege. Under the fiduciary exception, “an employer acting in the capacity of ERISA fiduciary is disabled from asserting the … Continue Reading
