Employee Benefits Attorney
Our firm has extensive experience working with our client’s employee benefits issues and helping to insure they meet their employee benefits goals. As part of our practice, we help clients design, document and review and operate all types of ERISA and non-ERISA plans and arrangements including:
- Retirement plans
- Health and welfare plans
- Supplemental retirement
- Employment issues
- Bonus and severance programs
Our experience enables us to offer clients an extremely broad range of services. We have built a team of lawyers with knowledge in every facet of employee benefits, from retirement plan design, administration and governance to multiple and multiemployer plan issues, ERISA compliance, fiduciary issues, and litigation. We can assist employers with the benefits aspects of corporate transactions and restructurings. We can also help employers comply with state and federal requirements governing benefits, including health and welfare plan rules, HIPAA privacy rules, and tax issues.
Weinstein Bosteder has experience with virtually every type of retirement vehicle available to employers. We can design, amend, merge, terminate, analyze fiduciary obligations and review funding obligations. When working with retirement plans, we make sure we help create appropriate governance structures to best ensure prudent fiduciary compliance and protection from lawsuits or adverse government action. We understand that retirement plans are strategic tools clients utilize to further their business and retirement objectives and are focused on helping clients find solutions to best meet their goals.
In the area of healthcare, our firm has practical experience that comes from many years of advising clients about these benefits. Our benefits practice leader is nationally recognized as being one of the most prominent lawyers in the field. Throughout his many years working with healthcare clients, he has literally worked with thousands of employers throughout the country as they prepare for the continuing changes in employee health coverage plans.
We come from diverse backgrounds, corporate, government, and consulting; but we share a practical approach in finding solutions that meet our clients’ business goals. We understand the intricacies of these highly regulated areas and know how to help employers identify potential problems and weigh the alternatives and accompanying risks before arriving at solutions that are best suited for their businesses.
Employment Agreements and Plans
Our attorneys are well positioned to provide counsel to our clients regarding employment related documents including employment agreements, severance plans and employee incentive plans. Often clients are unaware that laws as diverse as The Patient Protection and Affordable Care Act (PPACA) and Section 409A of the Internal Revenue Code can create enormous compliance hurdles to establishing legally-compliant documents. Our attorneys are sensitive to these issues and regularly guide our clients through troublesome situations.
In recent years, the Department of Labor (“DOL”) and the Internal Revenue Service (“IRS”) have accelerated their audits of employee benefits programs and deferred compensation arrangements under Section 409A, as well as welfare and retirement plans. Not only can we assist employers with DOL or IRS audits, we can also work with employers to proactively identify potential problems with their plan before an auditor arrives.
Because of our depth of knowledge in this area, we know what areas officials are likely to focus on in a plan review. Therefore, we are able to provide clients with self-audit procedures and guidelines to assist them in making potential corrections to their plans before a governmental agency audits the plans. When the DOL or IRS is auditing an employer, however, our professional relationships with government agencies afford us important insights in helping our clients identify and remedy problem areas. We know the process and what a client might expect because we have assisted clients with hundreds of similar audits.
Our Clients’ Needs
Because of the breadth of our experience, we represent a vast array of clients, including publicly-traded and privately-owned companies, state and local governmental entities, tax-exempt organizations, multi-employer pension funds, professional employment organizations and other contingent workforce organizations. We also assist wellness professionals, benefits advisors, consultants and others involved in the benefits arena.
We tailor our services to meet our clients’ specific needs in every area of employee benefits, including the following:
- Assisting clients with the development, administration, and governance of qualified retirement plans, audits, corrective procedures, including complying with ERISA’s fiduciary duty provisions and its reporting and disclosure requirements
- Working with clients to correct documentary, procedural, administrative and fiduciary errors in retirement plans and executive compensation arrangements often by employing self-corrective measures
- Assisting clients with the benefits and compensation aspects of corporate transactions and restructurings, reductions-in-force and change in control situations
- Helping clients design, document and administer all types of ERISA health and welfare plans, including group health and disability plans, cafeteria plans and flexible spending arrangements, and insurance and severance plans
- Advising clients on the intricacies of HIPAA privacy and security obligations, COBRA, and other ancillary rules that apply to employers
- Advising employers on contract and other trust law issues in connection with multi-employer plans and Taft-Hartley trusts. Representing employers in trust fund audits and delinquent contribution claims. Also dealing with all aspects of pension withdrawal liability, including serving as counsel to trustees
- Guiding clients through the intricacies of devising corporate wellness plans, which include assessing the impact of employment and discrimination laws on design features, such as health risk assessments and other medical information issues.