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ERISA only exempts two types of employers: 1  Employee benefit plans maintained by governmental employers are exempt from ERISAâs requirements. This exemption includes plans maintained by the federal, state or local (for example, a city, county or township) governments.  Church plans are also exempt from ERISA.
One danger is an employer will define a participant in its plan as a full-time employee as defined by the ACA. On its face this strategy appears sound as the employer will offer all of its full-time employees coverage. The problem with this strategy is it leaves the employer more susceptible to an ERISA Â§510 claim.