Benefits

Providing smart planning and effective representation in employment matters

Private, public, nonprofit, and government employers are facing a wide spectrum of unprecedented risks—ranging from labor issues, complex executive compensation packages, executive and legislative mandates, and more. With years of litigation, tax, labor and employment, corporate, and health law experience, the Shumaker team will work with you to create, optimize, and protect effective compensation and benefits solutions. We understand the needs and priorities of all parties and have represented employers of all types and sizes, organized labor, advisors, trustees, and other third-party fiduciaries.

We provide practical guidance to clients—including those with Taft-Hartley plans and the specialized Employee Retirement Income Security Act (ERISA) issues they present. We educate and empower you to contain costs, manage liabilities, and comply with laws and regulations, with an eye toward avoiding lawsuits. However, we provide proven representation in court if necessary. We also understand the needs of employees negotiating equity/compensation, benefits, and separation packages and provide counsel to individuals and groups in these matters.

A comprehensive view delivers optimal representation

For decades, our attorneys have gained perspective and experience from clients that include: public companies (from local to multinational); tax-exempt nonprofits, educational institutions, and hospitals; and employee groups, registered investment advisors, and trustees; along with third-party administrators, banks, and other benefit service providers.

Our experience is an advantage that works in our favor.

Our Capabilities

• Advising and review of 401(k), 403(b), and 457 plans
• Representation with the Department of Labor (DOL) and Internal Revenue Service (IRS)—including tax-exempt status, benefits plan audits, compliance relief under voluntary correction programs, and more
• Counsel for boards of trustees, plan investment committee, and appeals committee meetings
• Assisting with IRS and DOL audits of retirement and benefit plans
• Benefits and retirement plan design for government and nonprofit employers
• Pension Benefit Guaranty Corporation (PBGC) matters
• Collective bargaining over pension and benefits issues, including multi-employer plan issues
• Advising multi-employer plans and private companies on withdrawal liability issues
• Stock option and other executive compensation matters (e.g., Supplemental Executive Retirement Plans (SERPs) and separation agreements)
• Consulting on the design of group health and welfare plans, including cafeteria plans
• Consolidated Omnibus Budget Reconciliation Act (COBRA), Health Insurance Portability and Accountability Act (HIPAA), Family and Medical Leave Act (FMLA), and Americans with Disabilities Act (ADA) compliance
• ERISA fiduciary duties and compliance issues
• Employee Stock Ownership Plans (ESOPs)