Areas of Practice

Employment and separation agreements cash and equity incentives, deferred compensation, and severance pay

Designing executive rewards – maximizing income, minimizing taxation, and avoiding penalties

Health and Welfare Plans and Affordable Care Act Consulting

Employer Education

Compliance Options

Tax Calculation and Reporting

401(k) plan design and problem resolution – drafting to suit your objectives

Plan audits by the Internal Revenue Service (IRS) and U.S. Department of Labor (DOL) – being prepared and minimizing potential penalties

Fiduciary counseling – advising plan committees and other fiduciaries on responsibilities and protocols

Fiduciary compliance – preparation of service provider agreements, participant disclosures, and other required documentation

Affiliated and controlled groups

Affordable Care Act rules, penalties

Associations

Controlled groups, governmental and church plans, leased employees, and other key definitions

Deferred compensation plans of state and local governments and tax-exempt organizations

Employees of foreign affiliates covered by employer plan

ESOPs

ESPPs

Excise taxes, prohibited transactions

Independent contractors

IRAs

Limitations on contributions to qualified plans

Minimum funding standards for pension plans

Non-profit organizations

Non-qualified deferred compensation

Participation and coverage requirements for qualified plans

Survivor annuity benefits and spousal rights

Top-heavy plans

Trusts exempt from taxation

Unrelated business and tax on the income

Vesting requirements for qualified plans

Wages and employment, employee versus independent contractor

Withdrawal liability for multiemployer pension plans

Compliance with Federal, State, and local laws and regulations with respect to every aspect of the employment relationship, including anti-discrimination and harassment policies and training; family and medical leaves; pregnancy and disability accommodations; wage and hour; and restructurings and layoffs.

Strategy with respect to hiring, discipline, and discharge of employees, and the engagement of independent contractors.

Preparation of employee handbooks, employment agreements, NDAs, restrictive covenants, separation agreements, staffing agreements, and independent contractor (vendor) agreements.

Defending against government audits and investigations, including those by the Equal Employment Opportunity Commission (EEOC), the United States Department of Labor, the New York State Department of Labor, the New York State Division of Human Rights, the New Jersey Department of Labor & Workforce Development, the New Jersey Division on Civil Rights, the Pennsylvania Department of Labor and Industry, and the Pennsylvania Human Relations Commission.

Defending against private lawsuits and arbitrations alleging discrimination, harassment, retaliation, breach of contract, and wage and hour violations, including class actions and collective actions under the Fair Labor Standards Act.

Enforcement of restrictive covenants.

Defending lawsuits alleging discrimination and retaliation in employment

Defending wage and hour class and collective actions

Disputing claims of independent contractor misclassification by government agencies