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Employee Benefits & ERISA

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As attracting and retaining talent becomes more difficult, it has never been more important for employers to offer their workforce a comprehensive employer-sponsored benefits program. With a deep understanding of the unique needs of our clients, we offer strategic advice to employers on every facet of employee benefit plan design, administration, and compliance.

When it is time to navigate the complexities of creating and maintaining an employee benefits plan, it is key to retain the support of knowledgeable employee benefits and ERISA lawyer. Our Employee Benefits & ERISA lawyers have experience assisting a wide variety of health and welfare plans, including:

  • Flexible Spending Arrangements (FSAs), Health Savings Accounts (HSAs) and Dependent Care Assistance Plans (DCAPs)
  • Health, Dental, and Vision Insurance
  • Life Insurance, Long-Term Disability, and Short-Term Disability Plans
  • Self-Funded Health Plans
  • Employer-Provided Meals, Lodging & Transportation
  • Wellness Plans

Effective Representation for Government Audits and Compliance

Because of the steady increase in employee benefits program audits by the Internal Revenue Service (IRS) and the Department of Labor (DOL), it has become vital for employers to ensure their programs meet fast-moving changes in state and Federal government regulations. Our well-informed lawyers counsel clients on compliance with the mandates that affect health and welfare plans and help navigate the intricacies of the audit process with government entities, including:

Sophisticated Executive Compensation, Retirement Plan, and Life Insurance Solutions

Beginning with a thorough understanding of the client’s industry, talent competition environment, business objectives, and budget, our strategic approach to retirement and life insurance plans and executive compensation arrangements is not only suited to our clients but also to the employees and executives they serve. We counsel clients on design, qualification, compliance, and administration issues related to all types of qualified and non-qualified retirement plans, including both defined benefit and defined contribution plans.

Intentional Guidance on Recruiting, Retaining, and Rewarding Highly Compensated Employees

We work closely with other professionals, such as accountants, financial managers, and insurance agents, to produce meaningful and financially responsible results, such as tax minimization, benefit assurance, business succession and leadership transition, and legacy creation.

Our attorneys are skilled in designing and implementing internal revenue code section 409a compliant plans, programs, and agreements, such as:

  • Nonqualified Deferred Compensation
  • Top Hat Plans
  • Equity-based compensation–stock options, restricted stock, phantom stock, and stock appreciation rights (SARs)
  • Golden Parachutes
  • Golden Handcuffs
  • Executive Employment Agreements
  • Severance Agreements
  • Change in Control Agreements

Experience

Defended third party administrator in breach of fiduciary duty claim.

Successfully obtained summary judgment in favor of a third-party administrator in a breach of fiduciary duty claim that resulted in the plaintiff paying the client’s attorney fees.

Assist companies with variety of employee benefits & ERISA needs, including:

  • Drafting employee health benefits, retirement plans, and summaries
  • Training and guidance on all issues related to all types of qualified and non-qualified retirement plans
  • Counseling on recruiting, retaining, and rewarding executives and highly compensated employees
  • Securing determination letters and private letter rulings from the Treasury Department
  • Preparing IRS Voluntary Correction Program (“VCP”) submissions
  • Assisting with plan corrections under the IRS Employee Plans Compliance Resolution System (“EPCRS”)

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