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 April 23, 2024 by Sara J. Ackermann
Today the Federal Trade Commission (FTC) voted to finalize a new rule to prohibit employers from enforcing noncompetes against employees. Highlights of the new rule include: Employers are prevented from entering into new noncompetes with workers on or after the rule’s effective date, which will be 120 days after the rule is published (which will […]
Posted on April 23, 2024 by Sara J. Ackermann
Today the Department of Labor issued its long-awaited rule raising the fixed salary requirements for employees in the executive, professional, and administrative exemption categories (EAP) and increasing the standard salary level and the total annual compensation requirement for highly compensated employees (HCE). (Note that the State of Wisconsin does not recognize the HCE exemption, so […]
Posted on January 25, 2024 by Samuel J. S. Moheban
Federal laws place employers in a challenging position, requiring them to navigate between compliance with laws designed to prevent the employment of persons not eligible to work in the United States and laws punishing discrimination and document abuse. Non-compliance can lead to lawsuits, fines, and potentially even criminal prosecution. While all employers would benefit from […]
Posted on December 14, 2023 by Mary Ellen Schill
The Internal Revenue Service issued the 2024 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 slight per mile increase for businesses. Effective January 1, 2024, the optional standard mileage rates for the use of a car […]
Posted on November 1, 2023 by Mary Ellen Schill
On November 1, 2023 the Internal Revenue Service announced the cost-of-living adjustments for the various qualified retirement plan limits. Almost all of the limits shown below have increased from last year. Qualified Plan Limit Cost-of-Living Adjustments 401(k) and 403(b) elective deferral limit 2023 – $22,500 2024 – $23,000 $200,000 compensation limit 2023 – $330,000 […]
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 […]
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