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Brian M. Johnston

Overland Park*

*Admitted only in MO

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


Brian M. Johnston is a Principal in the Overland Park and Kansas City offices 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. 

Mr. Johnston 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.

Mr. Johnston 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. Mr. Johnston also advises employer-sponsor/organizational clients concerning their inherent fiduciary responsibilities in compliance with legal and regulatory requirements applicable to employee benefit plans.

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

  • “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]

See AllBrian M. Johnston in the News

August 9, 2017

Brian Johnston Comments on Implications of Health Care Reform and Cost-Sharing Reduction Subsidies

August 9, 2017

Brian Johnston comments on implications of health care reform for businesses and health care subsidy payments in "Businesses May Bear Brunt of Move to Withhold Health Care Subsidy Payments," published by SHRM. Subscription may be required to view article Read More

January 26, 2017
Law 360

Brian Johnston Comments on Joining Jackson Lewis in Kansas City

January 26, 2017

Brian Johnston comments on joining Jackson Lewis' Employee Benefits Practice Group in Kansas City in "Jackson Lewis Adds Employment Partner From Polsinelli," published by Law360. Subscription may be required to view article Read More

January 13, 2017
Jackson Lewis

Jackson Lewis Expands Employee Benefits Practice Group with Addition of Brian Johnston in Kansas City

January 13, 2017

KANSAS CITY, KS (January 13, 2017) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Brian Johnston has joined the firm’s Kansas City Region office as a Principal. Mr. Johnston, who joins Jackson Lewis from Polsinelli, has dedicated more than two decades to helping clients navigate... Read More


See AllBlog Posts by Brian M. Johnston

Your Not So Kind (or Welcome) Early Holiday Gift from the IRS: Letter 226j
December 1, 2017

On more than one occasion since passing the Affordable Care Act (“ACA”), the IRS has given some type of early holiday “gift” to alleviate pending compliance concerns for employers. Read More