Practice Overview

Employee Benefits

Assisting private employers of all sizes

Alerts & Publications

Our Employee Benefits attorneys work closely with clients to meet the challenge of attracting and retaining high caliber employees by offering competitive benefit programs.

Employees are a company's most valuable assets. Not surprisingly, one of the best ways for companies to attract and retain high caliber employees is to offer competitive employee benefit programs. Olshan’s Employee Benefits attorneys work closely with clients on a daily basis to meet that challenge.

We assist private employers of all sizes in designing, implementing, and administering comprehensive employee benefits plans, including health and welfare plans, qualified retirement plans such as defined benefit pension plans, defined contribution plans, 401(k) plans, cash balance plans, age- and service-weighted defined contribution plans, target benefit plans, and Employee Stock Ownership Plans (ESOPs), nonqualified retirement plans and other equity-based incentive plans.

Our comprehensive employee benefits services also include:

  • Assisting in developing plans subject to collective bargaining agreements
  • Assisting with §1042 ESOPs and estate planning
  • Handling issues related to pension plan terminations, funding and underfunding
  • Advising on employee benefit plan investments, investment policy statements and prohibited transactions
  • Offering programs on retirement plan design administration and fiduciary compliance
  • Assisting investment committees under tax-qualified plans in monitoring performance of investments and investment managers
  • Code Section 409A compliance
  • HIPAA privacy and security requirements
Executive Compensation

In addition to general employee benefits plans, we have extensive experience in developing executive compensation plans and agreements, including those involving change in control, retention and severance.

Regulatory Compliance

An important aspect of our employee benefits practice is staying abreast of ever-changing federal and state laws, regulations, and court decisions. We leverage this knowledge to craft benefit plans and compliance strategies that minimize litigation risk, and routinely monitor our clients' employee benefits plans to ensure continued compliance with current laws.

For example, we work closely with clients on an ongoing basis to maintain compliance with the Patient Protection and Affordable Care Act as its strategically timed provisions take effect. We also counsel clients in complying with the Department of Labor’s participant-level retirement plan fee disclosures.

When our clients’ compliance is challenged, we counsel clients through audits and investigations initiated by the Internal Revenue Service, the Department of Labor (DOL) and the Pension Benefit Guaranty Corporation (PBGC). We also work with those organizations on negotiating closing agreements as required.

Organizational Changes

Changes in company leadership and solvency can have profound effects on a company’s employee benefits plans. Our attorneys are highly qualified in identifying potential problems and dealing with employee benefits issues related to corporate and partnership bankruptcy, reorganizations and mergers and acquisitions.

Media Mentions/News

Articles & Alerts