Employee Benefits and Executive Compensation
Kelley Drye’s comprehensive legal and counseling services can help you motivate talented employees, retain key executives, and transition your workforce in times of change.
Our team advises on a spectrum of employee benefits and executive compensation programs, including retirement and welfare programs, executive compensation, and associated legal and tax issues. We are particularly skilled in navigating clients through mergers, acquisitions, and changes in control.
With Kelley Drye, you work with a team that understands how benefits, qualified and non-qualified retirement plans, equity-based plans and other programs combine to create value for employees and build loyalty. With a deep understanding of the Internal Revenue Code and ERISA, we can help you document and administer your plans and execute your plan sponsor fiduciary duties.
We work with you to keep your programs compliant and navigate legal and business issues and fiduciary duties to plan participants.
- Board and Committee consultation
- Church plans
- Employee communications: post-transaction benefits integration
- ERISA compliance
- Executive physicals
- Fiduciary training for benefit plan committees
- HIPAA compliance: plan document maintenance and compliance with rapidly changing laws
- Internal Revenue Service, Department of Labor and Pension Benefit Guaranty Corporation audits and plan corrections
- Negotiating service provider agreements
- Non-discrimination testing under Internal Revenue Code considerations
- Participant claims
- Plan mergers and terminations
- Taft Hartley/multiemployer plan considerations
With complex compensation plans comes the need for attorneys who understand the business and legal issues that can arise, such as Section 409A, change-in-control, and transaction-based compensation.
- 280G / 4999 analysis in transactions
- 409A compliance and corrections
- 457(b) and 457(f) plans
- Awards: incentive, retention
- Consultation with Compensation Committee
- Executive compensation plans: deferral, bonus
- International equity awards
- Startup company considerations such as retention and awards
- Rabbi trusts