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Mikaela Habib

Mikaela C. Habib

Senior Counsel
(415) 995-5875

Intro

Mikaela Habib advises employers, plan sponsors, and fiduciaries on a wide range of employee benefits matters, with a focus on helping businesses proactively manage legal risk, ensure regulatory compliance, and strengthen workforce retention through well-designed benefits programs. She works with both public and private sector clients to build sustainable benefit structures that support organizational stability and long-term business continuity.

Mikaela helps clients navigate complex regulatory frameworks under ERISA and non-ERISA arrangements, providing strategic guidance on the design, governance, and administration of retirement and health and welfare plans. Her experience includes defined benefit and defined contribution plans, Code section 125 cafeteria plans, flexible spending arrangements, health reimbursement arrangements, dependent care assistance programs, and health savings accounts. She provides clear, actionable advice under federal and state laws, including ERISA, the Internal Revenue Code, the Affordable Care Act (ACA), the Public Health Service Act (PHSA), the Mental Health Parity and Addiction Equity Act (MHPAEA), HIPAA, COBRA, the Consolidated Appropriations Act (CAA) of 2021 (including the No Surprises Act), and California benefits law.

Mikaela’s practice focuses on proactive risk management. She assists clients in developing and maintaining governance structures, fiduciary processes, and internal policies that align with evolving legal standards and industry best practices. She routinely conducts fiduciary trainings for clients and supports them in translating complex compliance obligations into practical operational policies that reduce risk with the goal of avoiding costly enforcement issues.

She also advises on vendor relationships, negotiates and drafts service provider agreements, and helps clients create and maintain plan documents and Summary Plan Descriptions. Through her work, Mikaela enables organizations to confidently administer employee benefit plans in a way that promotes compliance, protects organizational resources, and supports employee retention.
 

Education

J.D. UC Law San Francisco (Formerly UC Hastings) ( 2010 )
B.S. magna cum laude University of Arizona ( 2007 )

Academic Distinction

U.C. Hastings Business Law Journal, Staff Member

Volunteer Income Tax Assistance

Admissions and Courts

California

Minority Corporate Counsel Association,  C-Suite Leadership (2025-2026)

California Lawyers Association, Wiley W. Manuel Pro Bono Legal Services Award (2022)