Practice Area
Employee Benefits & Executive Compensation
Overview
Our Employee Benefits & Executive Compensation practice group assists employers in managing their employee benefit programs, equity plans, and executive compensation programs. We represent corporations, partnerships, nonprofit and governmental entities, trustees, investment advisers, fiduciaries, and executives. Our group of seasoned attorneys has significant experience and regularly advises clients on:
- executive compensation issues (including deferred compensation plans, employment and severance agreements, change-of-control agreements, and compliance with Code Section 409A;
- equity plans, including stock options, restricted stock, restricted stock units, and employee stock purchase plans;
- employee benefits and executive compensation issues associated with mergers and acquisitions, including Code Section 280G golden parachute payments and severance issues;
- retirement plans, including 401(k) plans, profit sharing plans, and defined benefit pension plans;
- employee stock ownership plan (ESOP) design, governance, and administration;
- qualified retirement plan corrections under the U.S. Department of Labor’s Voluntary Fiduciary Correction Program and the IRS Employee Plans Compliance Resolution System (EPCRS);
- retirement plans (including 403(b) plans) for nonprofit organizations;
- compliance with the Affordable Care Act (ACA), including the Employer Shared Responsibility provisions, and annual reporting requirements;
- health and welfare benefit plans (including ERISA-compliant plan documents and SPDs), cafeteria plans, discrimination testing, and COBRA continuation rights;
- navigating the ERISA Title I Plan Asset Rules and VCOC structuring;
- fiduciary and prohibited-transaction issues relating to the investment of plan assets.
To discuss our Employee Benefits & Executive Compensation expertise and services, please contact Jim Hoch at 919.865.1115 or jhoch@wyrick.com.