Employee Benefits/ERISA



We make compliance simple, designing employee benefit plans that give our clients a competitive edge while keeping them in step with the law.

Our approach

Employee benefits have been revolutionized.

Health Care Reform, the demise of DOMA and an aging workforce all contribute to the new landscape. While potentially overwhelming for employers, these changes also present new opportunities to attract and retain talented workers.

We approach employee benefits with a real-world, business savvy outlook.

Having spent time “in the trenches” as HR, governmental, general counsel and CPA professionals, we know the ins and outs of the laws and regulations governing employee benefits, which means we go beyond legal advice to provide strategic counsel on how your benefits programs can align with your overall business objectives.

Employee benefits touch many areas of your business—your employees’ health and future, your financial stability, tax obligations and your ability to compete in the market.

Our team is built around specific areas of practice, which allows us to identify the nuanced issues that can bring your benefits plans to the next level.

We see the whole picture and are committed to designing plans that will carry you safely and successfully into the future.

Who we work with

  • Employers to design and implement retirement, health and welfare and other benefit plans
  • Fiduciaries on the special rules that govern their conduct
  • Public and private for-profit corporations of all shapes and sizes
  • Universities, hospitals, arts institutions and other tax exempt organizations to structure retirement and deferred compensation plans that comply with the special rules of Sections 403(b) and 457 of the Internal Revenue Code
  • Banks, investment advisers and other financial institutions on compliance issues that arise in investment management and trust and custody services to employee benefit plans
  • Third-party administrators and insurance brokerages seeking a competitive edge in developing innovative benefits services
  • Multiemployer and Taft-Hartley fund administrators and boards of trustees on the administration of their plans

401(k) Contributions a Victim of Pandemic at Some Companies

Rochester Business Journal | September 25, 2020

Employee Benefits & Executive Compensation team leader and Rochester Corporate partner Eric Paley is quoted in this article on how some companies are freezing contributions to their employees’ 401(k) contributions amid the COVID-19 pandemic.

New York state mandates paid sick leave starting in 2021

Rochester Business Journal | August 21, 2020

Rochester Labor & Employment partner Stephanie Caffera contributed this column on a recently enacted New York law that requires employers across the state to provide paid sick leave to workers. The column was adapted from a prior NP alert written by Stephanie and Rochester Labor & Employment associate Michael Caputo.

5 ERISA Cases To Watch In The 2nd Half Of 2020

Law360 | July 29, 2020

San Francisco office managing partner and Corporate partner Karen Ng was quoted in this article for her outlook on the federal government’s interest in Howard Jarvis Taxpayers Association v. California Secure Choice Retirement Savings Program, and the rise in ERISA privacy and cybersecurity lawsuits in Harmon et al. v. Shell Oil Co. et al.

New York government reaches deal on coronavirus sick-leave mandate

HR Magazine (Society for Human Resource Management) | March 18, 2020

Rochester Labor and Employment partner Kim Harding, Rochester Corporate partner Brian Kopp, and Long Island Labor and Employment associate David Tauster co-wrote this contributed article, based on their NP client alert, analyzing the new mandatory sick-leave deal in New York state.

New California law redefines who gets employment benefits. The lawsuits are just starting.

The Sacramento Bee | December 09, 2019

San Francisco labor and employment partner Bonnie Glatzer is quoted in this article about California’s Assembly Bill 5, a new law that redefines how companies classify employees and who qualifies to receive full employment benefits.

Stretch IRA limits may put damper on small biz plans

Law360 | June 20, 2019

Boston Corporate partner Tom McCord is quoted in this article discussing the stretch IRA, a popular retirement planning technique that was eliminated in a bill recently passed by the House of Representatives.

Baystate Business: Climate Change, Labor Laws

Bloomberg Radio | April 22, 2019

In this radio segment, the hosts interview Boston Labor and Employment partner Jeff Gilbreth about Massachusetts’ new family and medical leave law and how it may impact employers.

Brown reaches $3.5M deal to close book on ERISA suit

Law360 | March 12, 2019

Providence Complex Commercial Disputes partner Steve Richard and San Francisco Labor and Employment counsel Chuck Dyke are mentioned in this article for their representation of Brown University in a matter involving employee retirement savings accounts.

Employers have a lot to legally consider in starting a wellness program

Buffalo Business First | December 06, 2018

Buffalo Corporate associate Alexandra Lugo is interviewed on how companies can create employee wellness programs that benefit workers, boost the bottom line and comply with regulations.

Financial advisory firm fights NYU ERISA suit at 2nd Circuit

Law360 | December 02, 2018

New York City Complex Commercial Disputes partner Kristin Jamberdino and San Francisco Labor & Employment counsel Chuck Dyke are mentioned in this article as counsel for the financial advisory firm Cammack in a dispute regarding retirement plans for workers at New York University.

Cybersecurity and benefits plans: The next front in the ongoing battle to protect personal information

Confero | June 30, 2018

Rochester Corporate group associate Jenny Holmes contributed this article to the quarterly magazine for Westminster Consulting, discussing why benefit plans are inviting targets for would-be data thieves, and what plan administrators need to do to protect personal data.

5 tips for parental leave policies that minimize legal risk

Law360 | May 10, 2018

Providence labor and employment partner Stacie Collier is quoted in this article about how employers can ensure their parental leave policies are fair, equitable and lawful.

Absent with leave

Long Island Business News | January 23, 2018

Long Island Labor & Employment associate Tony Dulgerian is quoted in this article discussing the rules and policies regarding the New York Paid Family Leave Benefits Law.

What to Know About NY's New Paid Family Leave Law: Part 2

Law360.com | January 10, 2018

Long Island labor and employment associates Tony Dulgerian, Chris Moro and David Tauster co-wrote this second article in a two-part series addressing employers’ frequently asked questions about New York state’s new paid family leave law.

Rhode Island Maternity Leave: Everything Expectant Parents Need to Know About the State's Paid Leave Laws

Working Mother | January 10, 2018

Providence labor and employment partner Stacie Collier is quoted in this article about whether an employee on parental leave can collect Rhode Island’s temporary caregiver insurance and a partial salary from an employer.

What to Know About NY's New Paid Family Leave Law: Part 1

Law360.com | January 09, 2018

Long Island labor and employment associates Tony Dulgerian, Christopher Moro and David Tauster co-wrote this first article in a two-part series addressing employers’ frequently asked questions about New York state’s new paid family leave law.

Contacts

Eric Paley

Partner
Team Leader, Employee Benefits & Executive Compensation

epaley@nixonpeabody.com

Phone: 585-263-1012

Christian D. Hancey

Partner

chancey@nixonpeabody.com

Phone: 585-263-1147

Brian Kopp

Partner

bkopp@nixonpeabody.com

Phone: 585-263-1395

Thomas J. McCord

Partner

tmccord@nixonpeabody.com

Phone: 617-345-1337

  • U.S. News/Best Lawyers “Best Law Firms” 2020 ranked as National Tier One in: Appellate Practice, Commercial Litigation, Corporate Law, Employment Law—Management, Energy Law, Franchise Law, Health Care Law, Labor Law—Management, Litigation—Construction, Litigation—Labor & Employment, Litigation—Real Estate, Mass Tort Litigation/Class Actions—Defendants, Patent Law, Public Finance Law, Real Estate Law, Securities Regulation, Tax Law
  • In addition, many Nixon Peabody practices received U.S. News/Best Lawyers Tier 1 rankings at the regional level in the following geographies: Albany, NY; Boston; Buffalo; Chicago; Long Island; Los Angeles; Manchester, NH; New York City; Providence, RI; Rochester, NY; San Francisco; and Washington, DC.
  • Employment attorneys ranked as leading lawyers in their fields by Chambers USA/Global
  • Ranked by Law360 as an Employment 100 firm
  • National and metropolitan honors from publications like Best Lawyers in America, Super Lawyers, Martindale-Hubbell, and other directories and publications
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