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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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Archived

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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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Archived

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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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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

July 18, 2018

Employee Benefits Newsletter – Summer 2018

July 18, 2018

In this issue: New Agency Guidance Makes Mental Health Parity and Addiction Equity Act Enforcement a Priority. A review of the parity compliance issues for plans and insurers providing mental health and substance use disorder benefits. Finding Missing Participants in a Regulatory Fog. A discussion of the efforts of the Department... Read More

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June 22, 2018
SHRM

Yana Johnson and Kayla Rathjen Author "Blockchain Tokens as Compensation Treated Like Equity Awards"

June 22, 2018

Yana Johnson and Kayla Rathjen author "Blockchain Tokens as Compensation Treated Like Equity Awards," published by SRHM. Subscription may be required to view article Read More

June 18, 2018
Human Resource Executive

Jackson Lewis Attorneys Recognized as "Most Powerful Employment Attorneys" of 2018

June 18, 2018

WHITE PLAINS, NY (June 18, 2018) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, congratulates Chairman Vincent A. Cino, along with Principals Neil Dishman, Maurice G. Jenkins, René E. Thorne and Richard F. Vitarelli, for their inclusion on Human Resource... Read More

June 5, 2018
Bloomberg Business

Bruce Schwartz Comments on President Trump's Tax Plan and its Impact on Sexual Harassment Settlements

June 5, 2018

Bruce Schwartz comments on President Donald Trump’s tax overhaul its impact on settlements from claims of sexual harassment, pay bias, and non-disclosure agreements in "Sexual Harassment Victims Could Lose Under Tax Law Meant to Help," published by Bloomberg. Subscription may be required to view article  Read More

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See AllBlogs

IRS Finalizes Regulations Allowing Plan Forfeitures to Fund QNECS and QMACS
August 17, 2018

The IRS recently finalized regulations that allow 401(k) plans to use forfeiture money to fund qualified non-elective contributions (“QNECs”) and qualified matching contributions (“QMACs”).  These regulations finalize proposed regulations issued last year (you can read our prior coverage of the proposed regulations here). Read More

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 which could make employer participation in the Secure Choice program optional. Read More

Illinois Secure Choice Savings Program – A Mandatory Retirement Plan 
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. Read More