Employee Benefits & Executive Compensation
Ruder Ware attorneys assist businesses of all sizes in complying with the requirements of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code.
Our attorneys work with clients in connection with the design, implementation, and administration of various types of employee benefit programs, such as defined benefit plans, profit sharing plans, 401(k) and 403(b) plans, employee stock ownership plans (ESOPs), employee stock purchase plans, executive compensation plans, group health plans, and cafeteria plans. Our clients range in size from small family owned businesses to large, publicly held corporations. Our services include:
- Drafting benefit plan and trust documents to meet both the client’s specific plan design needs and the requirements of ERISA and the Internal Revenue Code
- Providing guidance on matters such as the deductibility of contributions to and the taxation of distributions from tax-qualified retirement plans
- Advising on employee communication matters for tax-qualified retirement plans, welfare plans (including group health, life, and disability programs), and fringe benefit plans (such as cafeteria plans, flexible spending accounts, and qualified transportation fringe benefit plans)
- Analyzing and addressing retirement plan, welfare plan, and executive compensation plan issues that arise in connection with corporate mergers, acquisitions, and dispositions
- Representing clients and their plans before the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation; obtaining determinations from those regulatory agencies; and assisting with the many interpretive questions that inevitably arise in the course of employee benefit plan administration
- Assisting clients with correcting employee benefit plan deficiencies through the Internal Revenue Service and Department of Labor voluntary compliance programs
- Analyzing withdrawal liability issues and negotiating withdrawal liability assessments arising in connection with participation in multi-employer pension plans on behalf of both private and public employers
- Advising clients with respect to all aspects of implementing and administering group health plans, including compliance with applicable state and federal laws affecting group health plans such as ERISA, COBRA, and HIPAA
- Designing and implementing nonqualified deferred compensation arrangements, nonqualified and incentive stock option plans, stock purchase plans, severance arrangements, life and disability insurance programs, split-dollar arrangements, rabbi trusts, and other types of benefits for both executives and other employees
- Working on executive compensation and employee benefits issues that arise in connection with mergers and acquisitions and private equity transactions
- Working with chief executive officers and other senior executives in negotiating employment, severance, and change-of-control arrangements with their current and successor employers
- Advising employee benefit plan administrators and plan sponsors regarding ERISA fiduciary responsibilities.
Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services. A full-service law firm, over 45 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.
Posted on February 28, 2023 by Sara J. Ackermann
Last week in Helix Energy Solutions Group, Inc. v. Hewitt, the Supreme Court affirmed employees must be paid a fixed salary of $684.00 per week to be considered “exempt” under the popular administrative, executive, and professional exemptions. The case involved Michael Hewitt, an oil rig worker who was paid a daily rate. His paycheck, issued […]
Posted on February 14, 2023 by Sara J. Ackermann
If you are a federal contractor, keep reading. Last summer, the Office of Federal Contractor Compliance Programs (OFCCP) issued a notice to all federal contractors that the Center for Investigative Reporting had requested EEO-1 reports for 2016-2020 pursuant to the Freedom of Information Act (FOIA). While the motive is uncertain, it is likely that this […]
Posted on January 11, 2023 by Sara J. Ackermann, John H. Fisher II and Nicole L. Stangl
Dear Ruder, we are getting lots of long emails from various sources about this proposed noncompete ban. Can you please break this down in easy-to-read language so we don’t have to review the entire 216 pages of the FTC’s proposed rule? Dear Reader, Yes we can! See our answers to some frequently asked questions below! […]
Posted on January 6, 2023 by Sara J. Ackermann and John H. Fisher II
The Federal Trade Commission (FTC) started the new year off with a bang when it announced in a press release on January 5, 2023 that it is proposing a new rule that would ban many employee non-compete clauses. The press release follows a 3-1 vote by the FTC to publish a notice of proposed rulemaking […]
Posted on January 5, 2023 by Nicole L. Stangl
The Speak Out Act (“Act”) became law on December 7, 2022. The Act prohibits the enforcement of non-disclosure or non-disparagement provisions which are agreed to prior to an allegation of sexual assault or sexual harassment (“sexual misconduct”). The Act applies to disputes regarding alleged sexual misconduct that occur after December 7, 2022. A full version […]
Posted on December 29, 2022 by Mary Ellen Schill
The Internal Revenue Service issued the 2023 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The most notable change is the three-cent per mile increase for businesses. Effective January 1, 2023, the optional standard mileage rates for the use of a car […]
Posted on October 21, 2022 by Mary Ellen Schill
On October 21, 2022 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. All of the limits shown below have increased (in some cases significantly) from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2022 – $20,500 2023 – $22,500 $200,000 compensation limit […]
Posted on October 20, 2022 by Mary Ellen Schill and Amy E. Ebeling
Recently, we have been fielding a fair number of inquiries from clients who have been approached by third parties urging them to claim the Employee Retention Credit (“ERC”). The ERC, which the federal government enacted back in 2020 to help blunt the economic impact of COVID-19, is a refundable tax credit designed to reward businesses […]
Posted on October 19, 2022 by Sara J. Ackermann
Today the Equal Employment Opportunity Commission released a new poster that is required for employers covered by Title VII. The new poster is entitled “Know Your Rights” and includes these changes: Notes that harassment is a prohibited form of discrimination; Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or […]
Posted on October 5, 2022 by Sara J. Ackermann and Kelly T. Wilfert
Do you have employees in the Viking state? If so, keep reading! On July 1, 2022, Minnesota adopted a new law legalizing the sale, purchase, and consumption of edible cannabinoid products to people aged 21 and over. The law legalized the use of edible cannabinoid products made from substances extracted from certified hemp plants. The […]
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