Overview
Our attorneys are well-attuned to complex employee benefits matters and the day-to-day issues that employers encounter. We are skilled at analyzing the impact administrative and compliance concerns have on a client’s business and reputation. Our attorneys review matters with an interdisciplinary approach to effectively utilize client resources and deliver optimal results.
We handle all types of employee benefit and executive compensation matters, from plan design, compliance, and operational issues to ERISA litigation and corporate transactions. Our attorneys regularly assist clients in defending audits before the Internal Revenue Service (IRS), Department of Labor (DOL) and Pension Benefit Guaranty Corporation (PBGC) and frequently advise clients on the IRS and DOL voluntary compliance programs and correcting plan failures. Our clients are local, regional and national businesses, and include private sector employers, local government entities and not for profit organizations. We represent publicly traded companies as well as privately held entities.
The comprehensive experience of our attorneys enables us to readily handle the following types employee benefits and executive compensation matters:
EMPLOYEE BENEFITS
- Retirement plan design, drafting, compliance and operational issues
- Qualified retirement plans (e.g.; 401(k), 403(b), cash balance, defined benefit)
- Nonqualified retirement plans (e.g. SERPs, deferred compensation)
- Employee stock ownership plans (ESOPs)
- Retirement plans for tax-exempt organizations, churches, and state and local governmental entities
- Contractual relationships with service providers, including investment management, custodial and other vendor agreements
- Multiemployer welfare and pension plan audits and litigation, including pension fund withdrawal liability arbitrations and litigation
- Employee benefit issues arising out of mergers and acquisitions
- Health and welfare benefit plan design, drafting, communication, compliance and administration issues
- Group health, life and disability plans
- Cafeteria plans
- Health savings accounts (HSAs), health reimbursement arrangements (HRAs) and flexible spending accounts (FSAs)
- COBRA continuation coverage compliance
- HIPAA privacy and security compliance
- Affordable Care Act compliance, including employer mandate and reporting issues
- ERISA fiduciary duty obligations, liability and governance
- ERISA litigation
- Voluntary correction of plan errors with the IRS and DOL
- Government audits of employee benefit plans (e.g. IRS, DOL, PBGC)
- Non-cash compensation and awards
EXECUTIVE COMPENSATION
- Equity-based plan design, drafting and compliance (e.g. stock options, restricted stock, phantom stock)
- Bonus arrangements and other cash-based incentive programs
- Executive employment and retention agreements
- Change-in-control and severance agreements
- Supplemental executive retirement plans
- Nonqualified deferred compensation plan design and drafting and Code Section 409A compliance
- Split-dollar and other life insurance arrangements
RECOGNITIONS
U.S. News – Best Lawyers® “Best Law Firms” – Employee Benefits (ERISA) Law – Tier 3 – National
U.S. News – Best Lawyers® “Best Law Firms” – Employee Benefits (ERISA) Law – Tier 2 – Chicago Metropolitan Area
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Education on Demand
Jeff Risch will examine Illinois’ new changes to its ONE DAY REST IN SEVEN LAW. Jeff will share his experience and insight into how the law works with the new changes that took effect January 1, 2023.
In today’s world, management and human resource personnel must be on their A-game in all things relating to employees.
As quickly as the world is changing so is the legal landscape. These changes span the spectrum and challenge many aspects of the relationship between employers and employees, including greater restrictions on non-compete agreements to patterns and trends emerging with unions.
Across multiple industries, recruitment and retention are top HR concerns for most employers in 2021 and beyond. Flexibility and incentives appear to the key to success on both fronts – whether we are talking about remote work, financial incentives, apprenticeship/training and advancement opportunities, or other more traditional benefits.
Recruiting and retaining employees has become one of the biggest challenges for employers in virtually all industries. Join labor and employment attorneys Jeffrey Risch and Kelly Haab-Tallitsch for a complimentary 1-hour webcast on Tuesday, August 10 at noon CT, as they discuss employer best practices.
The Biometric Illinois Privacy Act (BIPA) was enacted over 12 years ago and many questions are still being battled in court as employers and employees continue to navigate this biometric privacy law.
- Amundsen Davis’s Leadership & Management Certification Training SeriesAmundsen Davis’s Leadership & Management Certification Training Series
Register for our five-session leadership management program, designed for high-potential mid to senior-level managers working in any function or industry and provides the professional tools to accelerate growth, build authentic leadership skills, and navigate the complexities of labor laws.
- Amundsen Davis's Ninth Annual Labor & Employment Fall SeminarAmundsen Davis's Ninth Annual Labor & Employment Fall Seminar
Join us Wednesday, September 13 at noon for our Ninth Annual Labor & Employment Fall Seminar!
- Illinois Paid Leave LegislationIllinois Paid Leave Legislation
Join Julie Proscia as she co-presents a timely webcast, sponsored by AssuredPartners, to discuss this new legislation, the Illinois Paid Leave for All Workers Act.
- Illinois' New Paid Leave Law: Updating Your Paid Leave Policy to Comply with New Illinois Paid Leave Law MandatesIllinois' New Paid Leave Law: Updating Your Paid Leave Policy to Comply with New Illinois Paid Leave Law Mandates
Join Jeff Risch for this timely webcast sponsored by the Illinois Manufacturers' Association where he will discuss proactive, creative and positive steps employers can take to update their existing paid leave policies.