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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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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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Archived

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Discretion Under Fire: ERISA Plan Fiduciaries Face New Challenges to Their Decision-making

September 20, 2017 - 10:00 AM to 11:00 AM 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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June 18, 2018

Construction Industry’s Ongoing Labor Shortage: Consider Implementing Non-Monetary Benefits

June 18, 2018

Findings from the “Q2 2018 USG Corporation + U.S. Chamber of Commerce Commercial Construction Index,” released June 5, 2018, show four straight quarters with more than 90 percent of contractors concerned over labor shortages. The construction industry, however, continues to experience significant economic opportunities. For example, the... Read More

June 8, 2018

Constructive Notice Enough for Successor Withdrawal Liability, Ninth Circuit Holds

June 8, 2018

The expansion of the multiemployer pension plan successor withdrawal liability doctrine continues for asset purchasers. Establishing a constructive notice standard, the federal appellate court in San Francisco has ruled that a common law successor of a seller that withdrew from a multiemployer pension plan covered by the Employee... Read More

April 2, 2018

Employee Benefits Newsletter – Spring 2018

April 2, 2018

In this issue: View from Jackson Lewis: The Curious Odyssey of the Multiemployer Defined Benefit Pension Fund. A review of the state of multiemployer funds. 2018 Tax Reform. A summary of the changes made by the Tax Cuts and Jobs Act, including practical advice for employers. Recent Developments. Recent developments in... Read More

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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

May 22, 2018
Bloomberg BNA

Charles Seemann Comments on the US Supreme Court's Epic Systems Decision and Its Impact on Claims Made Under ERISA

May 22, 2018

Charles Seemann comments on the Supreme Court's recent arbitration ruling and its impact on ERISA class actions in "What High Court Arbitration Ruling Means for Benefits Litigation," published by Bloomberg BNA. Subscription may be required to view article   Read More

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See AllBlogs

Arbitration of ERISA Claims – Update
May 29, 2018

Some of you may remember that back in 2015, we published an article entitled Arbitration of ERISA Claims – Yes You Can!  A link to that article can be found here.  In that article, we suggested that one key reason for adding ERISA claims to your arbitration agreement was to avoid class actions through the...… Read More

Excessive Executive Compensation and the Tax Cuts and Jobs Act of 2017: Widening the Net of Negative Tax Consequences for For-Profit and Non-Profit Corporations
April 30, 2018

With all the national press coverage about tax savings, tax cuts and company bonus payments associated with the Tax Cuts and Jobs Act of 2017 (the “Tax Act”), it is easy to miss the changes in federal tax laws that impose substantial negative tax consequences on employers that pay certain executives an amount of compensation...… Read More

By Kathleen Reilly Barrow

IRS Reverses the $50 HSA Reduction for 2018
April 29, 2018

  We recently informed you that the IRS reduced the 2018 health savings account (“HSA”) contribution limit for individuals with family coverage to $6,850.00 despite having previously announced that such limit was $6,900.  Because of compelling comments from stakeholders, the IRS reversed this decision in Revenue Procedure 2018-27 and Read More