Employee Benefits

Assisting private employers of all sizes

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

Plan Design
Corrections
Representative Services
Executive Compensation
Qualified Plans
ERISA Fiduciary Compliance
Mergers and Acquisitions and Other Corporate Transactions
Health and Welfare
Regulatory Compliance

We work with employers and executives of companies of all sizes, across a wide range of industries, including publicly and privately held corporations, limited liability companies, partnerships, start-ups, boards of directors, compensation committees, private equity funds, hedge funds, investment managers and senior executives.

Our comprehensive employee benefits services include designing, implementing, and administering comprehensive executive compensation programs and employee benefits plans, including qualified retirement plans, non-qualified deferred compensation and executive incentive plans; stock option, restricted stock and other equity and non-equity based plans; and health and welfare benefits plans. We negotiate executive employment agreements and compensation packages on behalf of companies and their key executives. We also advise clients on a range of fiduciary compliance issues associated with implementing and administering benefit plans and programs. We work closely with our corporate, employment and tax practices to assist clients at all stages of the business life-cycle. We assist our clients in creating benefit plans that meet each client’s goals and that comply with ERISA, the Internal Revenue Code and other applicable federal and state requirements.

Plan Design

We have the experience and knowledge to handle the most sophisticated plan designs. We routinely work with the Internal Revenue Service, the Pension Benefit Guaranty Corporation (PBGC), and the U.S. Department of Labor's Employee Benefits Security Administration (EBSA). With our vast experience, we can identify and resolve plan administration, documentary, and fiduciary issues, thereby quickly reducing our clients’ risks.

Corrections

We recognize plan defects and efficiently achieve resolutions through the IRS’s Employee Plans Compliance Resolution System (EPCRS) as well as the US Department of Labor’s Delinquent Filer Voluntary Correction Program (DFVCP) and Voluntary Fiduciary Correction Program (VFCP) where we have extensive experience.

Representative services include:

Advising plan sponsors who participate in multi-employer pension plans through collective bargaining agreements
Assisting with the implementation and operation of ESOPs
Providing advice on all issues related to pension plan terminations, plan funding, funding waivers and related IRS and PBGC filings
Advising plan fiduciaries on discharging their fiduciary duties including plan investments, diversification, investment policy statements and prohibited transactions
Offering guidance on qualified and non-qualified plan design and plan administration
Assisting investment committees in monitoring the performance of investment managers, plan costs and in implementing internal controls and best practices
Internal Revenue Code Section 409A compliance
MPPAA arbitrations

Executive Compensation

Executive compensation arrangements, including employment agreements, retention and severance agreements
Non-qualified deferred compensation plans
Equity plans, including stock option and restricted stock
Phantom equity programs, stock appreciation rights (SARs), long-term and short-term incentive plans (LTIPs and STIPs) and other incentive plans
International equity and compensation arrangements
Change in control plans (“golden parachutes”)

Qualified Plans

Plan design, implementation, administration and termination
Required and discretionary plan amendments
Voluntary correction of documentary, operational or fiduciary failures
Audits and inquiries by the Internal Revenue Service, US Department of Labor, Pension Benefit Guaranty Corporation, and state agencies

ERISA Fiduciary Compliance

Advise retirement plan committees, investment committees, boards of directors, human resource managers, investment managers, custodians, trustees and other fiduciaries
Fiduciary duties, including advice in connection with breaches and corrections
Prohibited transactions and applicable prohibited transaction exemptions
Review of 401(k) fees and expenses
ERISA Section 404(c) compliance
Administrative and service provider agreements

Mergers and Acquisitions and Other Corporate Transactions

Due diligence and risk assessments
Merger, consolidation, spin-off considerations and plan termination
Change in control payments (Section 280G)
Post-merger integration

Health and Welfare

Medical, dental, vision, disability and life insurance plans
Health savings accounts (HSAs) and health reimbursement accounts (HRAs)
Affordable Care Act (ACA) compliance
Health Insurance Portability and Accountability Act (HIPAA)
Wellness programs, educational assistance plans and transportation plans
Cafeteria and flexible spending account plans
Consolidated Omnibus Budget Reconciliation Act (COBRA) and state mini-COBRA compliance

Regulatory Compliance

We stay abreast of ever-changing federal and state laws, regulations, and court decisions. We leverage this knowledge to craft compensation and benefit plans and compliance strategies to minimize litigation risk. We routinely consult with our clients to maintain employee benefit plans compliance. Should a client’s compliance be challenged, we regularly counsel them through all government audits and investigations and work to negotiate closing agreements and/or compliance statements.

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