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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, 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. 

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.

Honors and Recognitions

The Legal 500 - The Clients Guide to Law Firms

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

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Most Read
March 26, 2019

Brian Johnston Comments on the Justice Department Supporting Court Decision Stating Affordable Care Act is Unconstitutional

March 26, 2019

Brian Johnston comments on the U.S. Department of Justice supporting a federal judge's ruling that the Affordable Care Act (ACA) is unconstitutional in a case that could eventually be heard by the U.S. Supreme Court in "Justice Department Says ACA Should Be Struck Down," published by SHRM.   Read More

May 30, 2018
Jackson Lewis

Jackson Lewis Recommended in The Legal 500 2018

May 30, 2018

WHITE PLAINS, NY (May 30, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce the firm and its attorneys have been recommended in The Legal 500 United States 2018 in the following practice areas falling under the Labor and Employment designation: Employee Benefits, Executive Compensation... Read More

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

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Association Health Plans—Are They Really an Option to Consider?

June 29, 2018 - 12:00 PM to 1:00 PM EST

Credits: Continuing education credit was offered for the live broadcast of this seminar.
You cannot earn credit for watching the archived webinar.

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See AllBlog Posts by Brian M. Johnston

Association Health Plans – Update
July 27, 2018

As we advised was likely during our June 29, 2019 webinar, Association Health Plans—Are They Really an Option to Consider?, at least two states were likely to challenge the enforceability of the new regulations issued by the Department of Labor that expand the definition of “employer” for groups who are qualifying association health plans Read More

Association Health Plans—Are They Really an Option to Consider?
July 11, 2018

As discussed during our recent webinar, the finalized DOL regulations for qualifying “association health plans” will likely create new opportunities for sole proprietors and other primarily small businesses and other trade groups to band together in a coordinated manner to purchase more affordable health insurance as a “single employer” i Read More

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