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What type and size of employers are subject to ERISA?

ERISA covers all private sector employers of all business types who maintain welfare benefit plans (and/or retirement plans) for their employees. C-Corps, S-Corps, Partnerships, LLC, Sole Proprietors and Nonprofit organizations would be subject to ERISA laws. Whether a company has 1 or 1,000 employees, they would be subject to ERISA as there are no small employer exemptions from ERISA. Private sector employers that do not sponsor welfare benefit plans (and/or retirement plans) are not subject to ERISA.

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