Employee Benefits and Executive Compensation
Top Ranked in Employee Benefits (ERISA) Law by U.S. News Media Group and Best Lawyers®.
The laws and regulations relating to employee benefits and executive compensation have become increasingly complex in the last several years. We provide practical guidance not only to help our clients respond, but also to plan prospectively to avoid potential future problems. We are experienced at designing, negotiating, drafting, implementing and administering executive compensation arrangements and employee benefit plans and arrangements of all types, including traditional defined benefit plans, cash balance plans, 401(k) plans, money purchase plans, ESOPs, employee stock purchase plans, stock option plans, non-qualified deferred compensation plans, SERPs, self-insured medical plans, and other welfare and fringe benefit plans.
In addition, our experience includes
- Advising on the application of complex tax rules to employee benefit plans, including the rules governing tax-qualified retirement plans and non-qualified deferred compensation plans
- Aiding clients in compliance with the Patient Protection and Affordable Care Act (PPACA), Consolidated Omnibus Budget Reconciliation Act (COBRA), Health Insurance Portability and Accountability Act of 1996 (HIPAA), Family and Medical Leave Act (FMLA) and the multitude of other federal and state law impacting employee benefit plans
- Working with inter-governmental risk management pools and multiple employer welfare arrangements to ensure compliance with state and federal regulations
- Assisting plan fiduciaries in understanding their powers and responsibilities under the Employee Retirement Income Security Act of 1974 (ERISA) and other applicable law
- Counseling on executive compensation and employee benefits issues arising in the context of mergers, acquisitions and spin-offs
- Designing, drafting and negotiating executive compensation plans and agreements for publicly and privately held corporations, such as stock option, restricted stock and phantom stock plans, including experience in section 409A, 280G and 162(m) issues
- Advising many private companies and business owners in establishing a wide range of ESOPs for a variety of purposes
- Designing, drafting and counseling tax-exempt entities with respect to 403(b) retirement plans and deferred compensation plans intended to comply with section 457 of the internal Revenue Code
- Conducting plan compliance reviews, providing advice and supervision of corrective actions, and submitting corrective actions to Internal Revenue Service and Department of Labor