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

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

Confero | July 01, 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 11, 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 24, 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 11, 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 11, 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 10, 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.

Long-term medical leave not part of FMLA

Chicago Daily Law Bulletin | October 23, 2017

Chicago labor and employment partner Frank Saibert authored this column about a recent definitive ruling from the 7th U.S. Circuit Court of Appeals regarding whether a long-term leave of absence is considered a reasonable accommodation under the Americans with Disabilities Act.

Pol says city should help employees buy out their retiring bosses

Crain’s New York | May 24, 2017

San Francisco labor and employment partner Karen Ng is quoted in this article about NYC Public Advocate Letitia James’ policy brief advocating for employee stock ownership plans (ESOPs) as a succession plan for employees of businesses whose owners are preparing to retire.

Sneaky pitfalls that can turn your FSA plan into a compliance nightmare

HR Morning | May 12, 2017

This article is about Rochester labor and employment partner Kate Saracene’s presentation on company FSA plans at the Mid-Sized Retirement & Healthcare Plan Management Conference in Phoenix, Arizona.

Courts reject Oracle, Anthem bids to kill 401(k)-fee suits

Ignites | March 27, 2017

San Francisco labor and employment counsel Charles Dyke is quoted in this article about recent 401(k)-fee cases surviving motions to dismiss.

Avoiding retirement plan risk

University Business | November 01, 2016

Rochester Labor & Employment partners Eric Paley and Christian Hancey are both quoted in this article discussing the impact retirement plan fee litigation, which many colleges and universities are facing, has on the higher education community.

Cash Balance Plans Face an Amendment Deadline

Confero | June 01, 2016

Chicago Labor & Employment partner Yelena Gray authored this column discussing the upcoming compliance deadline for cash balance plan sponsors.

Attorneys React to High Court ERISA Reimbursement Ruling

Law360 | January 20, 2016

San Francisco counsel and leader of the ERISA Litigation team Chuck Dyke discusses the Supreme Court’s ruling that a retirement plan cannot sue under the Employee Retirement Income Security Act for reimbursement of medical expenses from a third-party settlement that a plan participant has already spent.

Washington Oks last-minute changes to health care rules

Rochester Business Journal | January 04, 2016

Rochester partner and leader of our Health and Welfare Employee Benefits team, Kate Saracene provides commentary in this feature article discussing the potential impact of recent changes to the Affordable Care Act.

  • Recognized by U.S. News-Best Lawyers 2017 as a national Tier 1 leader for Employment Law—Management, Labor Law—Management, and Litigation—Labor & Employment
  • 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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