ERISA Advisory Opinion on Employee Benefit Plan Classification: Single-Employer vs. Multiple Employer Welfare Arrangement (MEWA)

This document contains an advisory opinion from the U.S. Department of Labor regarding the classification of the Employee Staffing of America, Inc. (ESA) Employee Benefit Plan under the Employee Retirement Income Security Act (ERISA). The opinion addresses whether the ESA Program qualifies as a single-employer welfare benefit plan or a Multiple Employer Welfare Arrangement (MEWA). The Department concludes that, based on the information provided, the ESA Program is classified as a MEWA, impacting its regulatory treatment. The opinion emphasizes the importance of understanding the relationships between employers and the employees covered under such plans. Further details and regulatory implications are outlined in the advisory opinion.