The Employee Benefits and Executive Compensation Group advises clients with respect to designing and implementing the following:
- Executive compensation plans, including SERPs, top-hat plans, and 457(b) and 457(f) plans, as well as counseling regarding Section 409A compliance and executive compensation disclosure under the new proxy rules
- Tax-qualified retirement plans, including 401(k), 403(b) and 457 plans, defined benefit plans, and ESOPs
- Welfare benefit plans, including health reimbursement arrangements, section 125 cafeteria plans, Health FSAs, DCAPs and “wrap” plans, as well as counseling regarding the implementation of HSAs, wellness plans, severance plans and claim administration
- Fringe benefit plans, including transportation and educational assistance plans
We also advise clients with respect to the day-to-day administration, operation and interpretation of executive compensation and workforce benefit plans; the legal compliance, reporting and disclosure requirements related to such plans; and the administrative procedures required to administer such plans.
We provide counsel regarding HIPAA’s portability, privacy and security rules; COBRA; USERRA; FMLA; Medicare and other group health plan federal mandates, as well as new legislation affecting welfare plans, including the Genetic Information Nondiscrimination Act of 2008, Michelle’s Law and the Children’s Health Insurance Program Reauthorization Act of 2009. We also provide counseling regarding the Massachusetts Health Care Reform Act and the related federal tax implications of extended health coverage for those who are not “dependents” under federal tax law.
We also advise clients with respect to the following:
- Designing a fiduciary governance structure to manage ERISA fiduciary liability risk and counseling fiduciaries regarding their ERISA duties and the prohibited transaction rules
- Planning audits for legal compliance
- Correcting plan failures under the IRS and DOL voluntary correction programs
- Periodically reviewing management compensation arrangements and compliance with intermediate sanctions
- Conducting negotiations and due diligence related to executive compensation and workforce benefit plans in business mergers, initial public offerings, acquisitions and dispositions, including multi-employer withdrawal liability
- Handling executive compensation and workforce benefits issues arising in bankruptcy transactions
We have extensive experience practicing before federal agencies, including the Internal Revenue Service, the DOL and the Pension Benefit Guaranty Corporation, as well as in state and federal courts. We have served as special counsel for companies, other law firms and accounting firms providing executive compensation and workforce benefits advice, and we work with our Trusts and Estates Group, advising clients on the complex income, excise and estate tax rules governing plan distribution to estates and individuals.
Client Testimonial:
"Having a broad base of specialties within one firm and a point person who really knows us, our business and our goals has proven to be invaluable for over 20 years now."
Theodore B. Goodnow, CEO
Woodmeister Master Builders, Inc.
Anthony P. DaSilva, Jr.
Partner
Anthony DaSilva quoted in "Why corporate jet perks are coming under federal scrutiny"
[ read full story ]Anthony P. DaSilva, Jr. quoted in "Considering a Voluntary Retirement Program to Cut Costs? Read This First"
[ read full story ]PODCAST: Anthony DaSilva discusses Protecting Employee Retirement Plans from Cyberattacks
[ read full story ]Representative Matters
- Counseled for-profit and not-for-profit employers regarding the new COBRA premium assistance subsidy rules under The American Recovery and Reinvestment Act of 2009 and the expansion of the HIPAA privacy and security rules; developed a legal compliance strategy, drafted documents and designed compliance practices and procedures
- Counseled for-profit and not-for-profit employers regarding the impact of the Children’s Health Insurance Program Reauthorization Act of 2009 on their welfare benefits plans; developed a legal compliance strategy; and drafted amendments of health care and section 125 cafeteria plans for board approval
- Counseled for-profit employers regarding their claims procedures for handling claims of breach of fiduciary duty related to their tax-qualified retirement plan, including an ESOP
- Counseled for-profit and not-for-profit employers regarding the impact of IRC 409A on their non-qualified deferred compensation arrangements, separation pay agreements and change of control agreements; develop a legal compliance strategy and draft related documentation for board approval
- Counseled for-profit and not-for-profit employers regarding the Massachusetts Health Care Reform Act, including counseling related to the employer “fair share” contribution, the “free rider surcharge” and the employer and employee HIRD forms; developed a legal compliance strategy and drafted related documentation for board approval
- Counseled for-profit and not-for-profit employers regarding operational or plan defects related to their tax-qualified retirement plans, developed a legal compliance strategy and submitted voluntary compliance filings to the IRS under its Employee Plan Compliance Resolution System
- Counseled for-profit and not-for-profit employers regarding failure to file Annual Return/Report (Form 5500) on time , developed a legal compliance strategy and submitted filings to the DOL under its Delinquent Filer Voluntary Compliance Program
- Counseled a for-profit plan sponsor regarding action required to “freeze” its defined benefit pension plan; drafted documents and submitted plan to the IRS for a determination letter
- Counseled for-profit plan sponsors regarding action required to terminate 401(k) plans and terminate defined benefit pension plans; drafted documents and submitted the plan to the IRS for a determination letter
- Counseled for-profit and not-for-profit employers with respect to the amendments required to conform their tax-qualified retirement plans to the Heroes Earnings and Assistance and Relief Act of 2008; the U.S. Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007; and the Pension Protection Act of 2006; also developed a legal compliance strategy, drafted related amendments for board approval and submit for-profit tax-qualified retirement plans to the IRS for a determination letter
- Developed and implemented a fiduciary governance structure for a for-profit employer to manage ERISA fiduciary liability risk
Dartmouth College Men’s Basketball Team Held to Be Employees of Institution and Allowed to Unionize
In the Matter of Trustees of Dartmouth College & Service Employees International Union, Local 560, Case 01-RC-325633 (2024), the Regional Office of the National Labor Relations Board (the “NLRB” or the “Board”) has provided yet another expansion of the Board’s on-going …
[ load webpage to read more ]New California Non-Compete Law Prohibits Almost All Non-Compete Agreements and Requires Notice to Certain Current and Former Employees by February 14
California has long taken an extremely strong position against non-compete agreements, but new laws which took effect January 1, 2024 make that prohibition even stronger and impact employers nationwide who have any employees in California. California now expressly prohibits any …
[ load webpage to read more ]Navigating Pay Transparency Laws: What Employers Need to Know
Over the last several years, in an effort to close the gender pay gap, several states and localities across the country have enacted pay transparency laws that, generally, require employers of certain sizes with employees in those locations to disclose …
[ load webpage to read more ]Private Employers Take Note: Overbroad Non-Disparagement & Confidentiality Restrictions in Severance Agreements Run Afoul of the National Labor Relations Act
As many employers well know, it is customary to include non-disparagement and confidentiality provisions in severance agreements that prohibit departing employees from (i) making disparaging, critical, or otherwise detrimental comments concerning the employer and (ii) disclosing information concerning the substance, …
[ load webpage to read more ]Is Your Company in Compliance With Executive Order 13706?
In September 2015, Executive Order 13706 was signed, requiring employers that enter into covered contracts with the federal government to provide covered employees with up to seven days (56 hours) of paid sick leave annually, including paid leave allowing for …
[ load webpage to read more ]SJC Finds Public Meeting Comment Restrictions Unconstitutional
Government boards and committees should review their public comment policies following a decision this week by the Supreme Judicial Court holding that a “civility code” violated the Massachusetts Constitution’s Declaration of Rights and the Massachusetts Civil Rights Act. In Barron v. …
[ load webpage to read more ]The FTC’s Proposed Ban On Noncompetes – Predictions
Following his election, President Biden issued “The Biden Plan for Strengthening Worker Organizing, Collective Bargaining and Unions,” in which he promised to work with Congress to “eliminate all non-compete agreements” with very limited exceptions. While a bipartisan bill, the Workforce …
[ load webpage to read more ]Update Policies to Comply with the Massachusetts CROWN Act
At the end of October 2022, the Massachusetts Act Prohibiting Discrimination Based on Natural and Protective Hairstyles (the “CROWN Act”) went into effect. The CROWN Act expands the definition of “race” under Chapter 151B to include “traits historically associated with …
[ load webpage to read more ]2023 Changes in Massachusetts Employment Laws
Beginning January 1, 2023, changes to the Massachusetts Minimum Wage Law, retail premium pay, and Massachusetts Paid Family and Medical Leave Law take effect. Changes to Minimum Wage & Premium Pay Changes to Paid Family and Medical Leave (PFML) …
[ load webpage to read more ]Employers Must Remember Their Obligations under the Massachusetts Pregnant Workers Fairness Act
The Massachusetts Pregnant Workers Fairness Act (the “Act”), which went into effect on April 1, 2018, amended Massachusetts General Law c. 151B to include “pregnancy or a condition related to pregnancy, including, but not limited to, lactation, or the need …
[ load webpage to read more ]Don’t Delay: MA Employers Are Now Strictly Liable for Three Times the Amount of Wages for Late Payments With No Safe Harbor for Paying in Full Prior to Suit!
Under the Massachusetts Wage Act (the “Wage Act”), if an employee voluntarily quits their employment, the employer must pay the employee their final wages, including any earned, unused vacation pay, on the employer’s next regular pay day. However, when an employee …
[ load webpage to read more ]OSHA’s COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) – Temporarily Blocked
As part of President Biden’s “Path Out of the Pandemic” COVID-19 plan, the Biden Administration instructed the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) to promulgate an Emergency Temporary Standard (the “ETS”) regarding mandatory vaccinations or weekly …
[ load webpage to read more ]Massachusetts COVID-19 Emergency Paid Sick Leave – Benefits Extended
As employers know, in May 2021, Massachusetts passed a law, “An Act providing for Massachusetts COVID-19 emergency paid sick leave,” which requires employers to provide employees up to 40 hours of paid leave for reasons related to the effects of …
[ load webpage to read more ]Employer Tax Credits for Employee Paid Leave Due to COVID-19 Applies to Government Entities
The Internal Revenue Service (IRS) recently published guidance defining “Eligible Employer” for purposes of the American Rescue Plan Act of 2021 (ARPA) tax credits. Under ARPA, certain employers can claim refundable tax credits that reimburse them for the costs of providing …
[ load webpage to read more ]American Rescue Plan Act of 2021 and the anticipated Massachusetts COVID-19 Emergency Paid Leave
In lieu of our annual Employment Law Seminar, Mirick O’Connell’s Labor, Employment and Employee Benefits attorneys are hosting a Spring Webinar Series focusing on hot topics in employment law. Attorney Kim Rozak and I presented the second program in the …
[ load webpage to read more ]Paid Family and Medical Leave is Right Around the Corner!
Beginning on January 1, 2021, covered individuals in the Commonwealth will be eligible to begin using Paid Family and Medical Leave (“PFML”). Under the law – which was enacted in 2018 as part of the so-called “Grand Bargain” between the …
[ load webpage to read more ]The Coronavirus and Its Impact on the Workplace
With cases of the novel coronavirus (COVID-19) significantly on the rise, the World Health Organization declaring the coronavirus outbreak a pandemic, and Governor Baker recently declaring a state of emergency in the Commonwealth, employers should be prepared to address a number …
[ load webpage to read more ]MA Paid Family and Medical Leave Act
On June 14th, we reported that Massachusetts delayed the implementation of the payroll tax under the Family and Medical Leave law by three months (i.e., until October 1, 2019). At the time, the government informed the public that the contribution rate …
[ load webpage to read more ]Massachusetts Employers: Don’t Forget to Submit the New HIRD Form by November 30
All Massachusetts employers with six or more employees must submit a Health Insurance Responsibility Disclosure form (“HIRD Form”) to MassHealth through the MassTaxConnect web portal by November 30, 2018. In November 2017, Massachusetts amended Chapter 118E of the General Laws …
[ load webpage to read more ]Governor Baker Signs “Grand Bargain” Bill Creating Paid Family and Medical Leave and Raising Minimum Wage
On June 28, 2018, Governor Baker signed “An Act Relative to Minimum Wage, Paid Family Medical Leave and the Sales Tax Holiday” making Massachusetts one of very few states in the country to require employers to provide paid family and …
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