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Wednesday, March 22, 2017

ERISA Goes "Oink" - Louis C.K.'s Pig Newton Owes Contributions to a Multiemployer Plan

There have previously been posts here relating to ERISA-related judicial difficulties surrounding Denny McLain, The J. Geils Band and Michael Vick.  Now let's add ‎MPPAA issues surrounding Louis C.K.'s Pig Newton to the mix.

In Pig Newton, Inc. v. Boards of Directors of Motion Picture Industry Pension Plan, No. 15-01029 (2d Cir. March 31, 2017), Pig Newton, Inc. did editing work on the TV show, "Louie," through its sole owner, Louis Szekely.  A multiemployer plan sued for allegedly required contributions.  Louis Szekely is known by many as the one and only Louis C.K.  See also here (relating to the derivation of the "C.K." he uses as his surname).

The Second Circuit affirmed the district court in concluding that ‎Pig Newton was required to make contributions for a flat number of hours for work, regardless of how many hours of work were actually performed.  In this case, there was a plan rule applicable to those controlling employees who could determine their own hours (and thereby potentially avoid applicable hours thresholds) under which Pig Newton had to contribute for Louis C.K. at set weekly and annual rates, regardless of the actual hours of editing work.

Hopefully, the proprietor's unsurpassed sense of humor will . . . ahem . . . somehow get him through this dark time.  More fun with ERISA!

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