Compensation and benefits are critical to recruiting and retaining the best employees. And given the heavy regulation involved and the rapid pace at which those regulations change, establishing and administering plans can be challenging.

Our Employee Benefits and Executive Compensation attorneys provide counsel to clients regarding the application of the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA) to benefit plans, agreements and compensation programs. We continually review and analyze the latest developments in the field to provide clients the most current and applicable advice. Working closely with human resources personnel, plan administrative professionals and other plan advisers, we strive to provide the most practical and straightforward compliance strategies.

Our lawyers provide counsel on a wide range of benefits and compensation instruments, including:

  • Retirement plans, including the establishment and administration of 401(k), 403(b) and 457 plans; qualified profit sharing and money purchase pension plans; defined benefit plans; Employee Stock Ownership Plans (ESOPs); Simplified Employee Pensions (SEPs); Taft-Hartley plans; and government and church plans.
  • Welfare and fringe benefit plans, group health plans, health reimbursement arrangements (HRAs), health savings accounts (HSAs); cafeteria plans, including health FSAs and dependent care assistance accounts; group life, disability and indemnity plans; Voluntary Employee Beneficiary Associations (VEBAs); and commuter benefits, tuition assistance and other fringe benefit plans.
  • Executive compensation, equity compensation, nonqualified deferred compensation plans, supplemental executive retirement plans (SERPs), severance and change in control plans and agreements, phantom equity arrangements, executive employment agreements, Section 457 plans for governmental and tax-exempt organizations, and annual and long-term incentive compensation arrangements.

We also have experience with joint boards of trustees, government plans and systems, IRS and Department of Labor practices and procedures, including audits and correction programs, the prohibited transaction rules of ERISA and the Internal Revenue Code, and employee benefits in connection with mergers and acquisitions.