Benefits and Compensation

The Fun Stops at Dave & Buster’s: Employee’s ERISA Lawsuit Allowed to Proceed

By Jennifer Carsen, JD

Dallas-based Dave & Buster’s is sort of like Chuck E. Cheese’s for grown-ups: Each location features a restaurant, sports bar, and arcade. It’s a fun place—but not necessarily for the folks who work there, if one employee’s claims are valid.

Maria De Lourdes Parra Marin worked full-time at the Dave & Buster’s in New York’s Times Square from 2006 to 2013. Her hours ranged from 30 to 45 per week, and she was enrolled in the company’s health insurance plan.

But in June 2013, Marin alleges, in response to the Affordable Care Act’s play-or-pay mandate, Dave & Buster’s cut her hours to an average of just 17.43 a week—resulting in both a loss of pay and ineligibility for the medical and vision benefits she had previously enjoyed.

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