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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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January 24, 2019

IRS Notice 2019-9 Provides Interim Guidance for Tax-Exempt Organizations Paying Excess Executive Compensation

January 24, 2019

The IRS has released a technical interim guidance on Section 4960, which was added to the Internal Revenue Code of 1986, as amended, as part of the Tax Cuts and Jobs Act. Very generally, Section 4960 imposes an excise tax in an amount equal to the corporate tax rate (currently, 21 percent) on that portion of a covered employee’s pay that... Read More

January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

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

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January 23, 2019
Jackson Lewis

Charles F. Seemann III Takes the Helm in New Orleans

January 23, 2019

NEW ORLEANS, LA (January 23, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Charles F. Seemann III has been named Office Managing Principal in New Orleans. "Since joining us in 2013, Charles’ energy and vision made an instant impact upon the office and the firm,” said Firm Co-... Read More

January 18, 2019
Law 360

Michael Taibleson Comments on Joining Jackson Lewis in Milwaukee

January 18, 2019

Michael Taibleson comments on joining Jackson Lewis' Employee Benefits practice in "Jackson Lewis Picks Up Benefits Pro From Husch Blackwell," published by Law360. Subscription may be required to view article Read More

January 16, 2019
401kWire

Michael Taibleson Discusses Joining Jackson Lewis in Milwaukee

January 16, 2019

Michael Taibleson discusses joining Jackson Lewis' Employee Benefits practice in the firm's Milwaukee office in "In Milwaukee an employee benefits principal joins Jackson Lewis," published by 401kWire. Subscription may be required to view article  Read More

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The IRS is on the Case – “Expansion of the Gig Economy Warrants Focus on Improving Self-Employment Tax Compliance”
February 21, 2019

The nature of work is changing with more and more individuals choosing to be “gig” workers rather than employees. This change fundamentally alters the availability of employee benefits, as well as the applicable taxation reporting and withholding requirements. Read More

Did You Know California has a State Mandated Retirement Plan?
February 14, 2019

Frequently Asked Questions About CalSavers Question: What is CalSavers? Answer: CalSavers is a new California law designed to encourage employees to save for retirement. CalSavers was originally called California Secure Choice and was approved by the State Legislature in 2016. Read More

Court Finds Union’s Withdrawal Liability Indemnification Obligation of Limited Duration
February 12, 2019

Congress enacted the withdrawal liability provisions of the Multiemployer Pension Plan Amendments Act (MPPAA) with the ultimate goal of protecting participants and beneficiaries entitled to benefits from multiemployer pension plans. Read More