Employee Benefits and Executive Compensation

Our employee benefits and executive compensation lawyers work with employers to develop and administer employee benefit programs of all kinds, including qualified retirement plans, non-qualified deferred compensation plans, equity incentive plans, payroll practices, health plans, and various other fringe benefit arrangements. A sampling of our employee benefits and executive compensation services includes:

• Helping plans to comply with ERISA, the Internal Revenue Code, the Affordable Care Act (ACA), COBRA, HIPAA, and other applicable federal and state laws.
• Advising plan fiduciaries on their duties under ERISA and the Internal Revenue Code.
• Reviewing service provider agreements.
• Correcting plan errors through the Employee Plans Compliance Resolution System (EPCRS), the Voluntary Fiduciary Correction Program (VFCP), and the Delinquent Filer Voluntary Compliance Program (DFVCP).
• Preparing and reviewing plan documents, summary plan descriptions, plan communications to employees, and Forms 5500.
• Reviewing plan investment documents for compliance with ERISA and the Internal Revenue Code.
• Assisting with U.S. Department of Labor (DOL) and IRS audits.
• Drafting and advising on executive compensation arrangements and employment agreements to minimize adverse tax consequences and for compliance with Internal Revenue Code Section 409A.
• Designing and administering equity incentive plans to provide employers maximum flexibility and to minimize taxes in connection with the grant of incentive stock options (ISOs), non-qualified stock options (NQSOs), restricted stock, phantom equity, and other types of incentive awards.
• Consulting on tax-favored benefit programs and savings vehicles such as cafeteria plans, health savings accounts (HSAs), health reimbursement arrangements (HRAs), and flexible spending accounts (FSAs).
• Structuring and reviewing employee fringe benefit programs for compliance with the Internal Revenue Code.
• Advising employers with respect to payroll practices and income tax withholding and FICA tax obligations.