Employee Benefits & Executive Compensation
The executive compensation and employee benefits attorneys at Ruder Ware 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 employee benefits 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 September 27, 2023 by Nicole L. Stangl
In today’s interconnected world, how to protect vital business assets such as key employees and confidential information is top of mind for businesses. Tools such as non-solicitation, non-compete and non-disclosure agreements are utilized as a method of protection for businesses. However, the changing legal landscape related to non-compete provisions has made it essential to be […]
Posted on August 7, 2023 by Nicole L. Stangl
The New Form: On July 21, 2023 the U.S. Citizenship and Immigration Services (USCIS) announced a new Form I-9. The new Form I-9 became available for employers to use on August 1, 2023. The old Form I-9 can continue to be used through October 31, 2023, but all employers must be using the new Form […]
Posted on June 29, 2023 by Sara J. Ackermann
It just became very easy for an employee to sue their employer for failure to accommodate religious beliefs. Today, in its Groff v. DeJoy opinion, the United States Supreme Court unanimously held that an employer must make such an accommodation unless it would result in substantial increased costs in relation to the conduct of its […]
Posted on June 5, 2023 by Sara J. Ackermann
Last week, the National Labor Relations Board (NLRB)’s General Counsel publicly announced her position that most non-compete agreements violate the National Labor Relations Act (NLRA) by chilling employees’ ability to exercise their rights to engage in protected activity. Remember, the NLRA applies to all private sector employees that are in non-supervisory positions. This means those […]
Posted on May 17, 2023 by Mary Ellen Schill
On May 16, 2023, the IRS announced the Health Savings Account limits for 2024. With respect to contribution limits, the limits are higher than the ones for 2023 and the required deductible and out-of-pocket maximums have increased as well. As a reminder, these inflation adjusted amounts are effective for calendar year 2024 HSA/HDHP Requirement Cost-of-Living […]
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 […]
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