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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 Employee Benefits Practice Group also works closely with the firm's Privacy, Data and Cybersecurity 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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Creating Executive Compensation Arrangements that Comply with California Law

May 29, 2019 - 3:00 PM to 4:00 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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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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July 10, 2019

2019: The Mid-Year Outlook for Employers

July 10, 2019

The first six months of 2019 have proven to be busy, challenging professionals in the labor and employment communities to keep up with a number of newly enacted laws and regulations. In the 2019: Mid-Year Outlook for Employers, Jackson Lewis attorneys provide a snapshot of activity from the first half of the year as well as a preview of... Read More

May 15, 2019

EPLI Trends, Sexual Harassment Claims, and Planning for 2019

May 15, 2019

As workplace laws continue to evolve, the potential risk exposure is increasing. Jackson Lewis prepared this trends overview to help assess the current workplace law landscape in the #MeToo era and the wave of agency charges, latest claims, and new laws.  Highlights include: Pay Equity Lawsuits: The Next Wave of Litigation... Read More

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

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July 16, 2019
Law 360

Gina Roccanova and Donald Sullivan Discuss Joining Jackson Lewis' San Francisco Office

July 16, 2019

Gina Roccanova and Donald Sullivan discuss their recent move to the firm's San Francisco office in "Jackson Lewis Expands SF Team With 2 From Meyers Nave, Wilson Elser," published by The Recorder. Subscription may be required to view article Read More

July 15, 2019
Law 360

Gina Roccanova and Donald Sullivan Comment on Joining Jackson Lewis' Expanding Labor Management and Employee Benefits Practices

July 15, 2019

Gina Roccanova and Donald Sullivan comment on joining the firm's employee benefits and traditional labor law practices in San Francisco in "Jackson Lewis Lures Benefits, Labor Pros In Calif.," published by Law360. Subscription may be required to view article Read More

July 11, 2019
Jackson Lewis

Jackson Lewis Expands San Francisco Team, Adds Gina M. Roccanova and Donald P. Sullivan

July 11, 2019

SAN FRANCISCO, CA (July 11, 2019) Jackson Lewis P.C., one of the country’s preeminent workplace law firms, is pleased to announce Principals Gina M. Roccanova and Donald P. Sullivan have joined the firm’s San Francisco office. “We are thrilled Gina and Don have joined our growing San Francisco team,” said San Francisco Office Managing... Read More

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A Deadline is a Bright Line: How Fessenden Narrows “Substantial Compliance” in the Seventh Circuit
July 1, 2019

Last week the U.S. Court of Appeals for the Seventh Circuit ruled that the deadline imposed under ERISA for plan administrators to decide on benefit claims is a “bright line” rule. Read More

How Multiemployer Pension Plans Continue To Extract More From Contributing Employers Than What They Bargained For
June 21, 2019

Contributing employers to multiemployer pension plans (“MEPPs”) are commonly surprised that their obligations to such a plan can extend well beyond the contributions required under a collective bargaining agreement (“CBA”) negotiated with a union.  The most significant extra-contractual obligation is withdrawal liability, a statutory exit Read More

Required Minimum Distributions
June 4, 2019

The aging of the baby boomer generation has increased the level of scrutiny with which the Department of Labor, Employee Benefits Security Administration (“EBSA”) will review the efforts of pension plans to locate missing plan participants who did not receive reported benefits.  The focus of the EBSA which began with a review of the effor Read More