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Employee Benefits

Employee benefits present unique and complex challenges as organizations try to keep up with the regulatory landscape while simultaneously designing benefits and compensation strategies that allow them to attract, incentivize and retain employees.

Overview

Our Employee Benefits Practice Group handles a full spectrum of benefit law matters for a diverse mix of business clients on a nationwide basis. In keeping with the firm’s overall philosophy, we approach even the most technical and complex benefit law questions with an eye toward preventive strategies—minimizing the likelihood of liabilities associated with benefit claims, litigation and enforcement matters—and practical solutions.

We provide comprehensive legal advice, counseling and representation to plan sponsors, plan fiduciaries and benefit plans relating to:

  • Employee benefits issues arising in the design, administration, and operation of all benefit and compensation arrangements, including compliance with ERISA and the Internal Revenue Code; and
  • The defense of benefit, fiduciary and other claims relating to plan administration, and compliance with the terms of the plan and all applicable laws.

Some of the specific services we offer include:

  • Providing representation for a wide range of private, public and not-for-profit employers in virtually all aspects of tax-qualified defined contribution plans and defined benefit pension plans (including cash balance and other hybrid pension plan formulas);
  • Advising clients regarding all types of executive compensation arrangements;
  • Defending employers, plan sponsors, corporate officers and directors and employee benefit plans in examinations, summons proceedings, and adversary proceedings and appeals initiated under internal agency procedures by federal or state agencies and courts of specialized jurisdiction;
  • Counseling on the employee benefits issues arising in corporate transactions and workforce reorganizations, as well as the range of issues involved in multiemployer pension and welfare plan liabilities;
  • Advising shareholders, public and private/family-held corporations, bank holding corporations, institutional and individual trustees, officers, directors, and other parties and investors (i.e., private equity groups) on designing, implementing and using ESOPs in various types of transactions, including mergers and acquisitions, estate and succession planning, hostile takeover bids, tender offers, shareholder liquidity/Section 1042 of the Internal Revenue Code tax-deferred transactions, stock re-purchases by issuers, redemptions and recapitalizations, management and leveraged buyouts, and the use of ESOPs as an acquisition strategy.

In addition, our experienced benefits litigators represent employers, plans, insurers, plan administrators, institutional and individual trustees, officers and directors, selling shareholders and third-party administrators in ERISA and related benefits litigation in virtually all 50 states. This litigation involves both mainstream ERISA litigation as well as complex benefits litigation and class actions.

The Benefits Group also works closely with the firm's Privacy, e-Communication and Data Security Practice Group on compliance with the HIPAA/HITECH Privacy and Security regulations with regard to group health plans and health care providers, as well as with our Disability, Leave and Health Management Practice Group with respect to benefits-related considerations for Wellness Programs in the workplace.

The Team

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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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How The Tax Reform Bill Impacts Employers

May 10, 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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Archived

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The New ERISA Regulations for Disability Claims and Appeals

March 22, 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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November 12, 2018

Puerto Rico Revises Form for Reporting Payments to Terminated Employees, Considers Credit History Ban

November 12, 2018

The Puerto Rico Department of the Treasury has announced changes to tax reporting for certain severance payments. As a result of the Labor Transformation and Flexibility Act (Act 4-2017), adopted in 2017, certain limited payments made by an employer to an employee due to separation of employment are classified as “exempt income” under... Read More

August 17, 2018

Illinois Secure Choice Retirement Savings Program No Longer Mandatory?

August 17, 2018

The future of the Illinois Secure Choice Savings Program Act (Secure Choice) is uncertain following Governor Bruce Rauner’s amendatory veto that could make employer participation in the Secure Choice program optional. The legislation, as enacted, makes participation in the Secure Choice program mandatory for covered employers that do... Read More

August 13, 2018

What Employers Need to Know About the Illinois Secure Choice Mandatory Retirement Savings Program

August 13, 2018

Employers in Illinois with at least 25 employees must comply with the Illinois Secure Choice Savings Program Act (Secure Choice) or offer employees an employer-sponsored retirement plan. Secure Choice is set to roll out in November 2018. Secure Choice applies to Illinois employers that do not sponsor a qualified retirement plan. The... Read More

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August 31, 2018
Law 360

Suzanne Odom Discusses Joining Jackson Lewis' Employee Benefits Practice

August 31, 2018

Suzanne Odom discusses her career as a tax attorney and joining the firm's South Carolina office from regional business law firm Nexsen Pruet LLC, in "Jackson Lewis Adds Nexsen Pruet Atty To SC Office," published by Law360. Subscription may be required to view article.    Read More

August 28, 2018
Jackson Lewis

Jackson Lewis Strengthens Employee Benefits Practice with Addition of Suzanne G. Odom

August 28, 2018

GREENVILLE, SC (August 28, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Suzanne G. Odom has joined the firm’s Greenville office as a Principal. Ms. Odom joins the firm from Nexsen Pruet, where she focused her practice on ERISA, employee benefits and executive compensation. "Sue... Read More

August 22, 2018
SHRM

Joy M. Napier-Joyce, Joshua Rafsky and Kathryn Wheeler Author "What Employers Need to Know About the Illinois Auto-IRA Program"

August 22, 2018

Joy M. Napier-Joyce, Joshua Rafsky and Kathryn Wheeler author "What Employers Need to Know About the Illinois Auto-IRA Program," published by SHRM. Subscription may be required to view article Read More

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See AllBlogs

Ho! Ho! Ho! Where Did It Go?
December 16, 2018

On December 14, 2018, a federal district judge sitting in Texas ruled that, without the so-called “individual mandate” which requires individual taxpayers to maintain minimum essential coverage, the rest of the Patient Protection and Affordable Care Act as amended (widely known as the “ACA”) is “INVALID”. What was the case about? Read More

IRS Announces Filing Extension for Furnishing 2018 Forms 1095-B and 1095-C and Continued Good Faith Transition Relief
November 30, 2018

In IRS Notice 2018-94, the IRS announced an extension for furnishing 2018 IRS Forms 1095-B (Health Coverage) and 1095-C (Employer-Provided Health Insurance Offer and Coverage), from January 31, 2019, to March 4, 2019. Read More

IRS Proposed Regulations Implementing Changes To Hardship Distribution Rules
November 26, 2018

Earlier this year we reported on legislative changes that modified the requirements related to hardship distributions from 401(k) plans.  Recently, the IRS issued proposed regulations that if finalized will implement those changes. Read More