Employee Benefits & Executive Compensation

Overview

Our Employee Benefits and Executive Compensation practitioners help guide businesses and other stakeholders through the diverse range of laws and regulations that govern employee benefits, executive compensation, and related areas. Consistent with the firm’s principles, the attorneys in our practice group strive to simplify issues, provide innovative solutions, and offer practical, understandable advice.

Our team partners with its clients to meet its unique needs. We represent clients at every level, ranging from small businesses to multinational corporations, banks, trustees, insurers, multiemployer funds, and governmental and tax-exempt employers. We understand our clients’ businesses and can offer assistance that is relevant to its particular industry. For example, we regularly assist clients in the retail, healthcare, manufacturing, energy, pharmaceutical, educational, and hospitality industries.

We offer competitive rates and alternative billing arrangements that make sense for our clients.

Experience

Employee Benefits and ERISA Counseling. Our attorneys work closely with our clients’ human resources professionals and in-house counsel, advising on special projects and day-to-day matters involving plan administration and tax, Employee Retirement Income Security Act (ERISA), Internal Revenue Code, and Health Insurance Portability and Accountability Act (HIPAA) compliance. Our experience ranges from qualified retirement plans to health and welfare and retiree medical benefits.

Fiduciary Counseling. Our team members serve as outside benefits counsel to fiduciary committees. We attend committee meetings and provide insight, advice, and training on relevant topics including investments and fees. We design and tailor fiduciary compliance programs to meet the needs of our clients.

Affordable Care Act. Our team tracks the federal health care reform law, regulations, and guidance, and provides clients with practical advice and solutions for compliance. Our team members frequently write and speak on health reform topics.

Investigations and Audits. We represent clients in matters involving the Internal Revenue Service (IRS), Department of Labor (DOL), Pension Benefit Guaranty Corporation (PBGC), and Department of Health and Human Services (HHS) on issues ranging from audits, voluntary corrections under the IRS and DOL correction programs, reportable events and PBGC liability issues, and HIPAA compliance.

Benefit Aspects of Corporate Transactions. We have significant merger and acquisition experience and have played a major role in many high-profile transactions. We advise and counsel on the executive compensation and employee benefit aspects of all types of corporate transactions, including allocation of pension and retiree medical assets and liabilities and post-closing matters related to the integration of new benefit platforms.

Executive Compensation. We regularly counsel employers on executive compensation matters, focusing on plan design and implementation, Internal Revenue Code Section 409A compliance, employment, retention, and severance agreements, supplemental executive retirement plans (SERP), and U.S. Securities and Exchange Commission (SEC) compliance (e.g., Sarbanes-Oxley, disclosure, registration requirements, etc.).

ERISA & Benefits Litigation. Eckert Seamans litigators and employee benefits attorneys work in close collaboration, resulting in a team that has been successful in both resolving difficult litigation and avoiding it through proactive client counseling.

Workplace Privacy. From health to financial data, employers hold employees’ most sensitive and private information. Our attorneys counsel employers on the complex issues of workplace privacy, with special emphasis on compliance and complaint resolution with regard to the privacy and security regulations under HIPAA.

News & Insights

Publications:

ERISA's impact on data breach lawsuits (HR.BLR.com)

Honeywell Lawsuit Takes Aim at Biometric Screenings

Did the Commonwealth Court Sweep Away the Ability to Bargain Over Changes to Post-Retirement Health Benefits?

Legal Updates:

EMPLOYEE BENEFITS LEGAL UPDATE: RELIEF FOR VICTIMS OF HURRICANE HARVEY

Employee Benefits Alert: Changes in 2017 Annual Retirement Benefit and Related Limits

Employee Benefits Alert: Charlie Brown Participants

Employee Benefits Alert: Opt-Out Payments and Flex Credits Impact Affordability Under ACA

Employee Benefits Alert: Changes in 2016 Annual Retirement Benefit and Related Limits

Employee Benefits Alert: Affordable Care Act Update -- Health Care Reporting for Employers

Employee Benefits Alert: Affordable Care Act -- Embedded Individual Out of Pocket Maximum Applies in 2016

Employee Benefits Alert: Fiduciary Training

Employee Benefits Alert: New Health Care Reporting Requirements Require Monthly Tracking in 2015

Employee Benefits Alert: EEOC Takes Aim at Biometric Screenings

Employee Benefits Alert: Changes in 2015 Annual Retirement Benefit and Related Limits

Employee Benefits Alert: Changes in 2014 annual Retirement Benefit and Related Limits

Employee Benefits Alert: Notice of Exchange Guidelines

Employee Benefits Alert: Final Comparative Effectiveness Research Fee Rule

Employee Benefits Alert - Updated: Employers Beware -- Health Care Reform's Transitional Reinsurance Program Could Add Big Costs

Employee Benefits Alert: Changes in 2013 Annual Retirement Benefit and Related Limits

Employee Benefits Alert: PPACA Provisions Impacting Employee Benefit Plans or Payroll in 2013

Employee Benefits Alert: A Perfect Storm -- Fee Disclosure Regulations and Tussey V. ABB, INC.

Employee Benefits Alert: IRS Form 8955-SSA

Employee Benefits Alert: Changes in 2012 Annual Retirement Benefit and Related Limits

Employee Benefits Alert: Health Care Reform’s Form W-2 Reporting Guidance

Employee Benefits Alert: Fiduciary Considerations for Plans When Selecting Recordkeepers

Legal Update: Summer 2011

Employee Benefits Alert: Deadline Looming for Welfare/Cafeteria Plan Amendments

Employee Benefits Alert: No Changes in 2011 Annual Retirement Benefit and Related Limits

Employee Benefits Alert: Cobra Subsidy Extended

News:

Eckert Seamans announces attorney promotions for 2017

Best Law Firms 2015: U.S. News – Best Lawyers again ranks Eckert Seamans among nation’s top law firms

Best Lawyers in America® 2015 Recognizes 43 Eckert Seamans Attorneys

Heather Stone Fletcher Joins Eckert Seamans’ Employee Benefits Practice