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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.
Employers of 20 or more are subject to COBRA, a federal law that basically requires employers to offer individuals who would otherwise lose their health benefits the option of continuing their health care coverage.f you are employer covered by the COBRA laws, you'll need to familiarize yourself with the basics of the law, including which employees are eligible for COBRA and which benefits are covered by COBRA, the events that trigger COBRA coverage, and what your communication duties entail.