Employee Benefits & Executive Compensation

Overview

Our team offers comprehensive advice to clients managing their employee benefits, including 401(k) and 403(b) plans, employee stock ownership plans (ESOPs), 457(b) and 457(f) plans, health and wellness plans, cafeteria plans, flexible spending arrangements (FSAs), health reimbursement arrangements (HRAs), health savings accounts (HSAs), and COBRA benefit administration.

We have extensive experience helping guide clients through benefit and compensation considerations whether maintaining compliance, assisting with audits, issue resolution or litigation.  Members of the Employee Benefits & Executive Compensation Group regularly collaborate with attorneys in our employment, business, and litigation practices to ensure our legal services meet all of our clients’ objectives.

Areas of Concentration:

Retirement Plans:  We help employers design, implement, and manage all types of retirement plans, including 401(k), 403(b), 457(b), Simple IRA, Simplified Employee Pensions (SEPs), and employee stock ownership plans (ESOPs).   We help by giving ongoing advice and education to staff and plan administration committees about plan management, helping with plan restatements, Internal Revenue Service and Department of Labor audits, and correction of plan operational errors.

Health and Welfare Benefits:  We help our clients design, implement and administer all forms of health and welfare benefits, whether fully-insured or self-insured.  These benefits include health, dental, vision, life, disability, cafeteria plans, FSAs , HRAs, HSAs and COBRA benefit administration.  Our team is also experienced in HIPAA compliance and the changing landscape of health care reform and can help clients address general compliance and privacy and security needs.

Executive Compensation Arrangements:  Our attorneys assist employers of all sizes with design and implementation of executive compensation arrangements, including deferred compensation arrangements and equity-based compensation arrangements, such as stock option and phantom stock plans.

Fiduciary Rules:  We counsel employers, fiduciaries and providers of benefit plan services on ERISA fiduciary duties and prohibited transactions.

ERISA Litigation:  We represent plan sponsors and fiduciaries in litigation (including class actions), IRS and DOL audits, and prelitigation disputes.