Overview

Our lawyers have significant experience in employee benefits administration legal issues and provide preventive counseling to employers regarding their benefits practices and policies. We provide the following services:

  • Preventive counseling regarding internal employee benefit practices and policies
  • Advising on administration of participant welfare and retirement plan benefit claims, complying with contribution and benefit limitations, satisfying coverage and nondiscrimination requirements, and various governmental reporting and disclosure requirements
  • Advising on COBRA, FMLA and USERRA administrative matters and obligations and preparing required documents and notices
  • Advising and assisting with HIPAA portability, privacy, security and electronic data interchange compliance matters, and preparing required notices and internal policies and procedures
  • Advising on union pension and welfare plan matters
  • Advising on Davis-Bacon employee benefits and compliance matters
  • Advising and assisting in the review and administration of qualified domestic relations orders (QDROs) and qualified medical child support orders (QMCSOs), and preparing model orders and procedures
  • Advising and assisting in the preparation of plan documents (including individually designed plans and prototype plan adoption agreements), trust agreements, summary plan descriptions, participant loan documents, participant notices and various administrative forms, policies and notices
  • Advising on ERISA and tax issues associated with the demutualization of insurance companies
  • Reviewing and negotiating administrative service agreements with third party service providers
  • Advising on retiree welfare plan issues, including design and modification
  • Assisting with compliance for wellness programs (HIPAA, EEOC, GINA, and ADA Compliance)
  • Counseling on the implementation of on-site health clinics

Team

News & Resources

Publications

  • Drug Pricing Class Action a Headache for Plan Fiduciaries | IRS Attempts to Shed Light on Rainy Day Funds
  • SECURE 2.0 Implementation Guidance Wrap-Up
  • Indigestion from Turkey and Stuffing or the IRS’ Proposed LTPT Regulations? | IRS Increases COLA Adjustments for 2024 | Slam Dunk for Prosecutors in NBA Health Care Fraud Win
  • Part II: MHP Report to Congress - Do Not Pass Go, Do Not Collect $200!
  • Part I: New Proposed Rules Addressing Mental Health Parity Compliance
  • IRS Guidance on SECURE 2.0 EPCRS Expansion | SECURE 2.0 Technical Corrections | Closing Time for COVID-19 HDHP Relief
  • Seventh Circuit Upholds Unambiguous Eligibility Standard | IDR Process is Up and Running | DOL to Prudential: You Can’t Have Your Cake and Eat it, too!
  • Form 5500 Changes on the Horizon | Plan Termination Procedures at the Forefront
  • Final Rules on Electronic Filing Requirements | Pre-Deductible Telehealth Coverage Extended | The End (of the Public Health and National Emergency) Is Near
  • The Best Things Come to Those Who Wait (and Wait) | 'Tis the Season of Giving: EBSA Restores over $1.4B to Plans, Participants, and Beneficiaries
  • Insufficient COBRA Notice Haunts Employer | 2023 Benefit Plan Limits | Plan Provisions in Effect at Time of Benefit Denial Control
  • IRS Extends CARES Act and Relief Act Deadlines | Company Stock Over -Valuation Puts Plan Sponsor and Trustee Under Water | Flagrant Foul by NBA Player Guilty of Defrauding Health Plan
  • IRS Delays SECURE/CARES Act Plan Amendment Deadlines
  • What the Hack? Malware Leads to Stiff HIPAA Penalties | Court OKs Actively Managed Investment Options | You Can’t Get Blood from a Turnip – Unless the Plan Documents So Provide
  • Machine Readable File Posting Update | IRS Plan Examination Pilot Program - Will It Take Flight? | Summer is for Fun, Sun, and PCORI Fees | Compliance Alert - Cycle 3 Restatement Deadline *July 31*
  • 2023 Limits for HSAs and Excepted Benefit HRAs | COVID-19 Testing Denial Serves as Basis for ERISA Litigation | Extension of Physical Presence Relief for Spousal Consent | COMPLIANCE ALERT - Cycle 3 Restatement Deadline
  • Special HSA Rule for Telehealth Services | Reconsidering PTCs and Affordability | COMPLIANCE ALERT: Cycle 3 Restatement Deadline
  • Crypto-Curious vs. Crypto-Cautious | IRS Muddies the RMD Waters | COVID-19 National Emergency Extended | COMPLIANCE ALERT: Cycle 3 Restatement Deadline
  • Mental Health Parity Compliance Heightens Employer Anxiety | Supreme Court Remand Demands Context-Specific Inquiry in Retirement Plan Fee Cases | New Variants in COVID-19 Coverage Guidance | COMPLIANCE ALERT - Cycle 3 Restatement Deadline
  • IRS Says Relax | The (Bumpy) Path Out of the Pandemic
  • Oops! They Did It Again: IRS Releases Updated EPCRS
  • Summer Weekend Extends PCORI Deadline | Better Late Than Never: New EEOC COVID-19 Guidance
  • IRS Clarifies COBRA Premium Subsidy Rules | You're Safe from Partial Plan Termination | Federal Tax Treatment of DCAP Relief | A Sign of the Times: IRS Releases Adjusted HSA, HDHP and Excepted Benefit HRA Rates
  • DOL Releases Retirement Plan Cybersecurity Best Practices | (Employer Stock) Should You Drop It Like It's Hot? | DOL Clarifies Mental Health Parity Compliance and the New Comparative Analyses Requirements
  • Breathing New Life into Wellness Rulemaking | The Latest from the DOL on Missing Participants
  • If You Like Your (Grandfathered) Plan, You Can Keep It - For Even Longer | SECURE Act Q&As on Safe Harbor Automatic Enrollment and Nonelective Plan Requirements | Final Rules on Rollovers of Qualified Plan Loan Offsets
  • New E-Disclosure Rules on the Horizon | Bit by the COBRA! Notice Defects Bring Painful Sting | Time's Up! Court Strictly Applies ERISA Claim Review Deadlines
  • Final Regulations Make 401(k) Hardships Easier | Your Rx Accumulator Program is Safe - For Now | Appeal PTCs Now, and Save Money Later

Blogs

Blog Posts

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