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HERMAN v. TIME WARNER INC.

No. 98 CIV. 7589(DC).

56 F.Supp.2d 411 (1999)

Alexis M. HERMAN, Secretary of the United States Department of Labor, Plaintiff, v. TIME WARNER INC., Time Inc., Book-of-the-Month Club, Inc., Time Distribution Services, Inc., Carolyn K. McCandless, Paul D. Williams, Philip R. Lochner, Jr., Andra D. Sanders, John Labarca, George Artandi, Susan Baird, Pat Mulvey, Matt Rudman, Martin D. Payson, Burt Wasserman, Michael Hayes, Kevin Sene, Richard Engle, Time Warner Employees' Pension Plan, Warner Publishing Pension Plan, Time Warner Employees' Savings Plan, Time Warner Savings Plan, Time Warner Employees' Stock Ownership Plan, Time Warner Group Health Plan (including the MD Access Program, the Indemnity Program, the Dental Program A & B, and the Managed Mental Health and Substance Abuse Program), Retirement Income Plan for Employees of Book-of-the-Month Club, Time Distribution Services Retirement Plan, and Salary Reduction Thrift Plan for Employees of Time Distribution Services, Defendants.

United States District Court, S.D. New York.

September 3, 1999.

Attorney(s) appearing for the Case

U.S. Department of Labor, Office of the Solicitor, Plan Benefits Security Division, by Henry L. Solano, Solicitor of Labor, Sally Paxton, Deputy Solicitor for National Operations, Marc I. Machiz, Associate Solicitor, Leslie Canfield Perlman, Counsel for General Litigation, Plan Benefits Security Division, Suzanne Windle, Robin Springberg Parry, Alexander Fernandez, Trial Attorneys, Washington, DC, for Plaintiff.

Akin, Gump, Strauss, Hauer & Feld, L.L.P., by Kim Koopersmith, P.C., Richard J. Rabin, New York City, by Lawrence D. Levien, Lynda R. Stadler, Washington, DC, for Defendants.

MEMORANDUM DECISION

CHIN, District Judge.

In this case, the U.S. Department of Labor (the "government") alleges that defendants, in violation of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. §§ 1001-1461, mis-classified workers as "temporary employees" and "independent contractors," thereby depriving them of benefits to which they otherwise would have been entitled. Defendants contend that although the government...

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