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ERIC PALEY

Eric Paley is a member of the firm’s Employee Benefits team and practice group co-leader of the Labor & Employment practice group. He advises clients on how to comply with the laws governing their employee benefits programs.

What do you focus on?

Three hallmarks distinguish my practice.

Representing nonprofit organizations

I work primarily (though not exclusively) with a wide range of nonprofit organizations—hospitals/health systems, colleges/universities, iconic arts/cultural institutions, trade associations and social service agencies. Nonprofits are much different animals than for-profit companies. My appreciation for those differences coupled with my vast experience in the sector give me a unique perspective on the issues my clients are facing and allow me to be a more effective advisor.

Focusing on ERISA fiduciary compliance

Of late, I spend a significant amount of time working with clients on ERISA fiduciary compliance—helping them establish or reconstitute their retirement plan committees; advising them on whether to engage a third-party investment consultant or conduct an RFP for a new recordkeeper; and educating boards, officers and committee members on the rapidly changing legal landscape in which they operate.

Staying one step ahead

One of the things I enjoy most about working in this field is that the law is never static and the issues I face on a daily basis vary greatly. Fee disclosure. Health care reform. Same-sex marriage. The growing mountain of compliance burdens can quickly overwhelm employers. I try to keep my clients on task by focusing on practicalities and, whenever possible, bringing my sense of humor to bear on what can often be inane and unnecessarily complex rules.

What do you see on the horizon?

Those in the trenches can expect to see more legislation, more regulations and more lawsuits in the future. The lack of employee retirement readiness, in particular, is a ticking time bomb just waiting to explode.

Presentations

  • Speaker, “ERISA Fiduciary Governance for Nonprofits: What All Plan Sponsors Need to Know,” August 20, 2015.
  • Speaker, “New Rights, New Rules: Same-sex Marriage and Your Health Plan,” Webinar, August 18, 2015
  • Speaker, “Tibble v. Edison and the Changing Retirement Plan Landscape,” Webinar, July 1, 2015
  • Speaker, “Employee Benefits Luncheon,” Corning, NY June 23, 2015
  • Speaker, “Employee Benefits Breakfast Briefing,” Albany, NY  June 9, 2015
  • Speaker, “Employee Benefits Breakfast Briefing,” Jericho, NY June 5, 2015
  • Speaker, “Employee Benefits Breakfast Briefing,” New York, NY June 4, 2015
  • Speaker, “Retirement Plans for Nonprofits: What All Plan Sponsors Need to Know,” May 28, 2015
  • Speaker, “Employee Benefits Breakfast Briefing,” Buffalo, NY May 27, 2015
  • Speaker, “Employee Benefits Breakfast Briefing,” Rochester, NY May 20, 2015
  • Speaker, “Top 10 Governance & Operational Issues for Your Defined Contribution Plan,” April 30, 2015
  • Speaker, “Staying Ahead of the Curve: The Latest Trends Impacting the US Retirement System,” Webinar, April 23, 2015
  • Speaker, “Staying Ahead of the Curve: Avoiding ERISA Litigation that Can Derail A Retirement Plan,” Webinar, April 9, 2015

Publications

  • Coauthor, “Stage Set for Supreme Court to Consider ERISA Preemption of San Francisco ‘Pay or Play’ Law as Ninth Circuit Denies Rehearing En Banc,” Bender’s Labor & Employment Bulletin, April 2009
  • Author, “EACA Withdrawals,” Journal of Pension Benefits, Spring 2008
  • Coauthor, “Health Care Reform in the Workplace: Everything Old Is New Again,” HR West Magazine, December 2007
  • Author, “Taxation of Roth Distributions,” Journal of Pension Benefits, Summer 2007
  • Author, “Nonspousal IRAs,” Journal of Pension Benefits, Spring 2007

Media Clips

  • Retirement Plan Lawsuits Could be Just the Beginning
    Inside Higher Ed | August 18, 2016
    Rochester partner and co-leader of the firm’s labor and employment practice Eric Paley is quoted in this piece about a new wave of lawsuits targeting the retirement plans of several colleges and universities.
  • Not All is Well with Wellness Programs
    Buffalo Law Journal | January 12, 2015
    Partner and co-leader of Labor & Employment practice group Eric Paley is quoted in this article discussing the state of workplace wellness programs.
  • Retiree Benefits Burden Many Employers
    Buffalo Business First | January 9, 2015
    Partner and co-leader of Labor & Employment practice group Eric Paley is quoted in this article discussing issues employers encounter with retiree benefits.
  • . . . View all . . .
  • In Question: Health Benefits for the Retired
    Buffalo Law Journal | December 15, 2014
    Partner and co-leader of the Labor & Employment practice group Eric Paley is quoted in this feature story addressing medical benefits for retirees.

Ideas

Press

Events

New York Employee Benefits Breakfast Briefing
October 26, 2016 | New York, NY

Long Island Employee Benefits Breakfast Briefing
October 25, 2016 | Jericho, NY

Albany Employee Benefits Breakfast Briefing
October 13, 2016 | Albany, NY

. . . View all . . .

Buffalo Employee Benefits Breakfast Briefing
October 12, 2016 | Buffalo, NY

Webinar: Special Briefing for Investment Advisors: Retirement Plan Fee Litigation
September 15, 2016

Webinar: Special Briefing for Nonprofit Institutions: Retirement Plan Fee Litigation
September 14, 2016

Webinar: Special Briefing: Higher Ed Retirement Plan Fee Litigation
August 25, 2016

Long Island and New York City Employee Benefits Breakfast Briefing
May 18, 2016 | New York, NY

Long Island and New York City Employee Benefits Breakfast Briefing
May 17, 2016 | Jericho, NY

Albany Employee Benefits Breakfast Briefing
May 10, 2016 | Albany, NY

Buffalo Employee Benefits Breakfast Briefing
May 4, 2016 | Buffalo, NY

Rochester Employee Benefits Breakfast Briefing
May 3, 2016 | Rochester, NY

Corning Employee Benefits Luncheon
December 8, 2015

Boston Employee Benefits Breakfast Briefing
December 3, 2015 | Boston, MA

New York City and Long Island Employee Benefits Breakfast Briefings
November 18, 2015 | Jericho, NY

New York City and Long Island Employee Benefits Breakfast Briefings
November 17, 2015 | New York, NY

Buffalo Employee Benefits Breakfast Briefing
November 10, 2015 | Buffalo, NY

Rochester Employee Benefits Breakfast Briefing
November 4, 2015 | Rochester, NY

Albany Employee Benefits Breakfast Briefing
November 3, 2015 | Albany, NY

Employee Benefits Luncheon
June 23, 2015

Albany Employee Benefits Breakfast Briefing
June 9, 2015 | Albany, NY

New York Employee Benefits Breakfast Briefing
June 4, 2015 | New York, NY

New York Employee Benefits Breakfast Briefing
June 3, 2015 | Jericho, NY

Buffalo Employee Benefits Breakfast Briefing
May 27, 2015 | Buffalo, NY

Rochester Employee Benefits Breakfast Briefing
May 20, 2015 | Rochester, NY

Employee Benefits Luncheon
January 14, 2015

Albany Employee Benefits Breakfast Briefing
November 12, 2014 | Albany, NY

New York Employee Benefits Breakfast Briefing
November 5, 2014 | Jericho, NY

New York Employee Benefits Breakfast Briefing
November 4, 2014 | New York, NY

Buffalo Employee Benefits Breakfast Briefing
October 30, 2014 | Buffalo, NY

Rochester Employee Benefits Breakfast Briefing
October 28, 2014 | Rochester, NY

What's trending in fiduciary responsibility?
September 17, 2014

New York Employee Benefits Breakfast Briefing
May 29, 2014 | Jericho, NY

New York Employee Benefits Breakfast Briefing
May 28, 2014 | New York, NY

Buffalo Employee Benefits Breakfast Briefing
May 21, 2014 | Buffalo, NY

Is your employee benefit plan audit-ready?
December 3, 2013

Nixon Peabody's Semiannual Rochester CLE Program
November 22, 2013 | Rochester, NY

Buffalo Employee Benefits Breakfast Briefing
November 5, 2013 | Buffalo, NY

New York Employee Benefits Breakfast Briefing
October 30, 2013 | New York, NY

New York Employee Benefits Breakfast Briefing
October 29, 2013 | Jericho, NY

Rochester Employee Benefits Breakfast Briefing
October 9, 2013 | Rochester, NY

Employee Benefits Update: What You Need to Know Now
October 1, 2013

. . . Hide Events . . .
Eric Paley