Employee Benefits and ERISA

Employee benefit plans are key for employers to attract and retain top talent. Our goal is to keep our clients in compliance with the complex federal statutes, regulations and guidance flowing from such laws as ERISA, COBRA, HIPAA, ACA and the Internal Revenue Code. 

When a problem occurs, our attorneys are skillful in resolving problems by negotiation and resolution or, if such an outcome is not possible, we provide an effective representation before federal agencies, including the Department of Labor, Internal Revenue Service and Department of Health and Human Services. We also represent our clients in federal and state court at the trial and appellate levels. We are experienced in complex litigation but also make every effort to avoid litigation or, where litigation is unavoidable, to move cases promptly toward settlement or victory in advance of trial.

Retirement Plans

On the retirement side, our attorneys counsel employers on how to structure and administer their pension plans, including defined contribution and 401(k), defined benefit, cash balance, profit sharing and employee stock ownership plans. 

Welfare Benefits

Regarding the welfare side of benefits, our team of employment attorneys will advise employers on competitive compensation packages which could include medical, dental, vision, disability, long-term care, and other benefits. Not only is health care one of the most important aspects of an employee package but providing health care will benefit the business as well. A healthy workforce can lead to reduced absences due to illness, access to lower group rates, and eligibility for certain tax breaks. Discussing these benefits with an attorney will not only set the business up for success but also demonstrate the value of your investment in your employees.

Executive Compensation

Along with employee benefits, it's important to consider non-qualified deferred compensation plans for executives and certain key employees. Our team advises clients on the best way to structure and implement NQDC plans to achieve their goals. Designed and used appropriately, NQDC plans help retain key employees.  NQDC plans are fraught with significant tax consequences.  Our experienced team guides business owners to avoid unwanted tax consequences while providing incentives that align the interest of the business owner and executive.

Federal agency audits and investigations

When plans are audited or investigated by the Department of Labor, IRS or other regulatory agency, we represent employers and their plans to resolve such official actions as promptly as possible.

Breach of fiduciary duty claims

Where litigation alleging breach of fiduciary duty or other statutory claims is threatened or filed, we represent employers aggressively and efficiently to move cases promptly toward settlement, victory in advance of trial or if trial is unavoidable a verdict in favor of the employer.