Employee Benefits

Benefit plan design and review, creation of executive compensation programs, assistance in maintaining operational and regulatory compliance, correction of plan document and administrative errors,  fiduciary compliance reviews, limitation of tax exposure.

Constangy’s Employee Benefits team is prepared to guide your company through this highly complex legal area, which is governed by the Internal Revenue Code and the Employee Retirement Income Security Act of 1974 (ERISA). Our attorneys understand the significance of the effective use of client resources in providing benefits as a part of the total compensation scheme. Well-drafted and administered benefit programs are effective recruitment and retention tools and enhance employee relations. We regularly assist clients with qualified retirement plans, fringe and welfare benefit plans, incentive arrangements and executive compensation programs.

Significant liability can be created by an employer's failure to comply with the fiduciary and regulatory requirements of the law. Even more frightening, individual liability is a risk for officers, directors and managers with responsibility over employee benefit plans and policies. To minimize this risk, we often assist companies with a thorough "due diligence" fiduciary assessment of benefit plan responsibilities and liabilities.

Our Benefits team attorneys represent employers in a variety of industries, including the following:

• Banking
• Health care
• Insurance
• Manufacturing
• Textile and apparel
• Food and restaurants/hotels
• Transportation
• Government Contracting
• Nonprofit Organizations 

We also regularly advise governmental entities with regard to employee benefit plans and programs.

Our Benefits team publishes The ERISA Strategist as developments warrant, as well as our Employee Benefits Unplugged blog.

If you need benefits assistance, please contact Michael Malfitano at mmalfitano@constangy.com, Dana Thrasher at dthrasher@constangy.com, or any Constangy attorney.