Brian M. Johnston

Overland Park*

*Admitted only in MO

P 913-981-1018 F 913-981-1019


Brian M. Johnston


Brian M. Johnston is a principal in the Overland Park, Kansas office of Jackson Lewis P.C. He has more than 26 years of dedicated employee benefits experience representing public and private businesses, government entities, third party administrators, and other insurance and retirement service providers on a variety of employee benefit matters. 

Brian advises employers and plan sponsors in the implementation and administration of health and welfare plans, including self-funded health benefit plans and other defined contribution alternatives, cafeteria plans, and other medical reimbursement programs. He also works with employer sponsors with plan design, implementation, and administration of retirement plans – pension, profit sharing, 401(k) plans, employee stock ownership plans (ESOPs), and other non-qualified deferred compensation plans and employee equity compensation arrangements.

Brian focuses on the practical, and has unique knowledge and experience to enable him to advise clients in the review and analysis of key legal and strategic business objectives as organizations are reviewing compliance alternatives related to the offering of health insurance coverage and/or employee benefits captive arrangements in compliance with the Affordable Care Act of 2010 and other applicable law. Brian also advises employer-sponsor/organizational clients concerning their inherent fiduciary responsibilities in compliance with legal and regulatory requirements applicable to employee benefit plans.

Honors and Recognitions

  • Legal 500 USA, "Recommended Attorney" (2020)
  • Martindale-Hubbell®, "AV Preeminent® - Peer Rated for Highest Level of Professional Excellence" (2001-present)

Professional Associations and Activities

  • American Bar Association
  • Employee Benefit Institute, Steering Committee Member
  • Missouri Bar Association
  • Self-Insurance Institute of America, Alternative Risk Transfer Committee Member

Published Works

  • "HIPAA Privacy Reminders For Plan Sponsors During COVID-19," Law360 (March 2020) [Author]
  • “Employer-Paid Health Insurance—The Fork in the Road,” Ingram’s Magazine (June 2014) [Author]
  • “What the Hobby Lobby Ruling Means for Other Companies,” Kansas City Business Journal (June 30, 2014) [Contributing Author]
  • “Health Savings Accounts—A Healthcare Solution?” Ingram’s Magazine (February 2008) [Author]
  • Employment Law Handbook, Chapters on HIPAA and Health Care Reform, Missouri and Kansas Editions (Society of Human Resource Management, 2010-2016) [Contributing Author]