Employee benefits and compensation issues can be complicated and costly for employers. Our Employee Benefits Group handles all types of qualified retirement plans, employee benefits issues that arise in business transactions, executive and equity compensation issues, fiduciary responsibility and welfare plan issues. The Employee Benefits Group relies on its relationship with clients and its depth and diversity of experience to work closely with our clients to develop creative and practical solutions.
Resources of the Firm
In advising our clients, the Employee Benefits Group draws on attorneys from other disciplines within the firm relevant to benefit matters, including tax counsel and corporate counsel. Thus, we offer the broad spectrum of legal experience essential to proper representation in employee benefits matters.
Areas of Expertise
Our Group advises clients on the laws governing retirement and welfare benefits and executive compensation, including ERISA, tax, labor and securities laws. We are conversant with all aspects of the design and administration of retirement plans (including 401(k)s and ESOPs), executive compensation, cafeteria plans, health benefit plans (including cost containment issues), employment agreements, early retirement incentive programs, change-in-control counseling, and the legal aspects of investment of plan assets.
We offer our clients full coverage in the employee benefits and executive compensation specialties, including:
- Retirement Plans. This area includes 401(k) plans, pension plans, profit-sharing plans, 403(b) plans and other funded retirement plans, including religious and governmental plans. We advise on the design issues for plans, draft the plan documents, assist with contracts with investment managers and service providers, consult on plan administration and nondiscrimination testing, obtain determination letters from the Internal Revenue Service, monitor changing laws and regulations and assist with qualified domestic relations orders (QDROs).
- Fiduciary Responsibility and Liability. We counsel clients on the responsibility and liability associated with their roles as fiduciaries with respect to employee benefit plans. We provide counseling regarding prohibited transactions, fiduciary training, procedures for decision-making and investment policies.
- M&A and Restructuring Transactions. In mergers, sales or acquisitions of businesses, we offer "diligence" review of employee benefit matters and participation in negotiating and drafting the agreement between the parties. We advise our clients throughout the transition period associated with any merger, sale or acquisition.
- Executive and Equity Compensation. We advise clients in matters involving various compensation programs, including stock option, stock purchase and phantom stock plans, other equity incentive programs, deferred compensation arrangements, supplemental retirement and excess benefit plans, plans for outside directors and other prerequisites. We prepare employment agreements, severance agreements and assist in establishing trusts used to fund payments under any such agreement. We also advise clients regarding change in control issues involving golden parachutes.
- Welfare Plans. We assist clients with health care plans, group insurance (such as life and disability insurance plans), “cafeteria plans,” severance pay plans, post-retirement insurance programs, and the mechanisms for funding any of these plans. We also advise clients on compliance with the Affordable Care Act, health care coverage continuation requirements of COBRA, the Family and Medical Leave Act (“FMLA”) and the Health Insurance Portability and Accountability Act (“HIPAA”).
- Healthcare. We advise clients on preferred-provider organizations (PPOs), employer-sponsored provider networks, managed-care arrangements and other responses to rising health care costs.
- Tax and Estate Planning. In conjunction with our Estate Planning and Tax Groups, we advise individuals on how to deal with beneficiary designations, benefit distributions, IRA rollovers, income and estate tax elections, and the related planning opportunities.
- Benefit Claims and Litigation. We have diverse experience in advising clients regarding claims made against employee benefit plans. We also offer litigation and arbitration experience in matters involving disputes of claims and fiduciary liability.
Publications
- DOL Issues Proposed Rule on ESG Investing
- IRS Extends Deadline for Providing Health Coverage Forms to Employees under the ACA, But Not the IRS Filing Deadline
- New Payroll Tax Credit Available in 2021 for Public Colleges, Universities and Governmental Healthcare Entities – Q&A
- Webinar Slides from February 27, 2014 - "Final Pay or Play Rules"
- Health Care Reform – What You Must Do This Year
- Governor’s Pension Reform Bill and Constitutional Amendment Proposed February 2, 2012
- Proposed Determination of Governmental Plan Status
- Expanded Avenues for Plaintiffs Claims under ERISA
- DOMA Is Dead - Now What?
- IRS to Issue New Rules for Determining Status of Governmental Entities and Benefit Plans—Potential Significant Effect on Health Care Entities
- Senior Care Employers Should Start Today to Prepare for Health Care Reform
- Comments on proposed regulations under Section 4980H
- New IRS Proposal on What Is a Government Agency and Government Retirement Plan
- Keeping Your Health Care Flexible Spending Account or Health Care Reimbursement Plans Up-To-Date
- Health Care Reform W-2 Reporting Requirements
- Health Care Reform Presentation on "Pay or Play" Rules
- Delay of Key Components Under Pay or Play – Now What?
- Buy Me Some Peanuts and Crackerjacks?
- An Interview with New Hanson Bridgett Partner, Liz Masson
- The SEC Increases Enhanced Disclosure Threshold Under Rule 701 and Considers Broader Changes
- Compromise JPA Pension Liability Bill Ready for Governor's Signature
- 2017 Employee Benefits Update
- Hanson Bridgett Announces IRS Determination Letter Replacement Program
- DOL Fiduciary Rule Faces Further Delay
- IRS Issues 401(k) Safe Harbor Hardship Distribution Substantiation Guidelines
- IRS Issues Proposed Regulations to Relax 401(k) Plan Hardship Distribution Rules
- California Supreme Court Rules No Vested Right to Airtime Purchases; Leaves California Rule Intact
- CalPERS Issues Guidance on Uniform Allowance Reporting
- California Individual Mandate for Health Coverage Takes Effect in 2020
- Retirement Plan Changes and “Cadillac Tax” Repeal Included in Domestic Appropriations Package
- Email Option Added to Final Electronic Disclosure Rule for Retirement Plans
- New Test For Independent Contractors
- Alvarado v. Dart Container Corporation Clarifies Overtime Calculation When Employees Earn Flat Sum Bonuses
- 2018 Employee Benefits Update
- Recent Increase in IRS Enforcement of ACA Reporting Penalties
- Courts Split On Pension Vested Rights Analysis
- California Appellate Court Provides Another Potential Defense To "Derivative" Wage Statement Claims
- Employers Win This Round: CA Court of Appeal Upholds Employer's Rounding Policy
- Employers Cannot Rely On Prior Salary To Justify Wage Differential In Equal Pay Act Cases
- Student Loan Payments and 401(k) Benefits
- Good News For Employers: In the Aftermath of the SCOTUS Class Action Waiver Case, A Los Angeles County Superior Court Dismisses Class Claims and Orders Claims Brought Individually in Arbitration
- DOL Finalizes Rules to Expand Access to Health Plans for Small Businesses
- Janus v. AFSCME: SCOTUS Rejects Mandatory Agency Fees For Public Sector Employees
- Three Things about the Affordable Care Act Employers Need to Focus on Now
- ISO and ESPP Reporting and Disclosure Requirements for Employers
- Ignorance Is Bliss (If You Are an ERISA Plaintiff)
- IRS Issues CARES Act Guidance for Retirement Plans
- IRS Issues Guidance on COVID-19 Leave-Based Donation Programs
- IRS Provides Rules for W-2 Reporting of COVID Paid Leaves
- DOL Issues New Proposed Fiduciary Rule
- IRS Issues Guidance on 2020 Waiver of Required Minimum Distributions
- Employee Benefits Questions and Answers Related to COVID-19
- IRS Releases Updated Employment Tax Examination and Appeals Rights Publication
- ISO and ESPP Reporting and Disclosure Requirements for Employers
- IRS Issues Updated ACA Guidance and Extends Deadline for Providing 1095-C Forms to Employees
- Is The ACA Dead? Not So Fast
- IRS Issues 2017 Limits for Retirement Plans
- U.S. Supreme Court Holds That Class Action Waivers Do Not Violate The NLRA
- Proposed Bill to Make Member Agencies Liable for JPA Pension Obligations
- On The Horizon: New California Employment Laws for 2018
- Funds Available from Retirement Plans for Those Affected by the Wildfires
- IRS Issues 2018 Limits for Retirement Plans
- Reminder: Minimum Wage Increases Effective January 1, 2018
- IRS Extends Deadline for Providing Health Coverage Forms to Employees, But Not the IRS Filing Deadline
- New Rules Would Expand Access to Association Health Plans for Small Businesses
- New ERISA Disability Benefit Claims and Appeals Rules Take Effect April 2, 2018
- NLRB General Counsel Provides Employer-Friendly Guidance on Work Rules
- Lessons for Defined Contribution Plan Fiduciaries from Current Litigation
- CARES Act – Important Changes to 401k or other Retirement Plans
- IRS and DOL Issue COVID-19 Related Tax Credit Guidance
- IRS Form Released for Advance Payments of COVID-19 Payroll Tax Credits
- COVID-19 Emergency Paid Leave and Other Leave-Related Benefits
- UPDATED: IRS and DOL Issue COVID-19 Related Tax Credit Guidance
- UPDATED: Additional Payroll Tax Credits for Small and Large Employers Under the CARES Act
- Group Health Plan and Cafeteria Plan Issues Related to COVID-19
- COVID-19: Top Ten Issues for Employers Considering Layoffs, Furloughs or Reduction in Hours
- COVID-19 Related Employee Benefits Issues for Governmental Employers
- IRS Issues Cafeteria Plan Relief to Address COVID-19 Pandemic
- Reminder: Minimum Wage Increases And San Francisco's Parity In Pay Ordinance Effective July 1, 2018
- NEW 2013 IRS Limits for Retirement Plans
- IRS Releases New Guidance on Application of Windsor to Qualified Retirement Plans
- IRS Releases Guidance on Tax Treatment of Same-Sex Marriages
- Back On Track!
- PENSION REFORM UPDATE-Clarification Regarding Switch to Defined Contribution Plans by California Public Employers
- IRS Raises the Stakes: New Trade Law Increases Penalties Applicable to Affordable Care Act Reporting Requirements
- VIDEO: Section 1202 - Qualified Small Business Stock, A Recipe of 100% Gain Exclusion
- The End of an Era? IRS Considers Eliminating Periodic Determination Letter Process
- New IRS Rules Allow Retirement Plan Sponsors to Self-Correct Broader Range of Plan Failures
- Ninth Circuit Rules ERISA Pension Plan Must Pay Survivor Benefits to Registered Domestic Partner
- Court Upholds Plan Administrator's Interpretation in Recent ERISA Case
- Employers May Offer Two New Types of Health Reimbursement Arrangements in 2020
- CalSavers State-Sponsored Retirement Plan Has Officially Launched
- CalPERS Announces New Fees for Section 218 Agreements
- IRS Finalizes New Hardship Distribution Rules for 401(k) and 403(b) Plans
- IRS Issues Guidance on Uncashed Distribution Checks
- IRS Issues 2020 Limits for Retirement Plans
- “Text Me?” Proposed Electronic Disclosure Rule Would Allow Greater Flexibility for Retirement Plans
- IRS Extends Deadline for Providing Health Coverage Forms to Employees Under the ACA, but Not the IRS Filing Deadline
- 2016 IRS Limits for Retirement Plans Generally Remain Unchanged
- New ACA Rules for HRAs, Flex Credits and Opt-Out Payments
- California Court of Appeal Decision Reminds CalPERS Employers to Ensure All Employee Base Salaries are Reported on a "Publicly Available Pay Schedule"
- Is the QSERP Dead? Proposed Rules Target Individual Benefit Formulas
- Employers Must Comply with Exchange Notice Requirements by October 1, 2013: DOL Issues Model Notice and Updated COBRA Election Notice
- IRS Town Hall Meeting on Definition of Government Agencies and Government Retirement Plans
- IRS Announces COLAs to Qualified Plan Dollar Limits for 2012
- New Rules on Cell Phones
- Property Rights and Environmental Initiatives for the Past Two Centuries
- Taxation of Employer Provided Automobiles - Baby You Can Drive My Car
- New 2015 IRS Limits for Retirement Plans
- Employee Benefit Plan Deadlines Extended Due to COVID-19
- Relief for Employee Benefit Plan Fiduciaries Due to COVID-19
- IRS Issues Last-Minute Guidance on Deferral of Employees' Social Security Withholding
- IRS Finalizes Default Withholding Rules for Periodic Retirement and Annuity Payments
- IRS Issues 2021 Limits for Retirement Plans
- COVID-19 Resource Center
- California Supreme Court Upholds Pension Reform Changes As Constitutional
- Hanson Bridgett Requests IRS Open Determination Letter Program in 2019 for Governmental Plans
Video
- 2019 Employee Benefits Webinars
- 2020 Employee Benefits Webinars