Employee Benefits and Executive Compensation

Saxton & Stump’s Employee Benefits and Executive Compensation Group advises clients across all industries including both for-profit and non-profit organizations with respect to compliance with complex employee benefits regulations, structuring executive compensation plans and employee stock ownership plan (ESOPs). Our attorneys work closely with clients to understand their unique business needs and to provide solutions to achieve their business goals and attract top talent.

EMPLOYEE BENEFITS

Healthcare. Retaining experienced counsel is essential in navigating the multiplicity of employee benefits laws and regulations, including the Employee Retirement Income Security Act of 1974 (ERISA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), the Health Insurance Portability and Accountability Act (HIPAA), the Affordable Care Act (ACA) and the ongoing tax-related regulations issued by the Department of Labor (DOL). We also assist employers in navigating the risks and discrimination laws associated with their health and wellness plans.

Retirement Plans. Our attorneys are equipped to guide organizations regarding the laws and regulations governing tax-qualified retirement plans such as 401(k), 403(b) and 457(b) plans, as well as non-qualified deferred compensation plans and code section 409A compliance.

Other Compensation Benefits. Attracting and retaining top talent is critical to the success of your organization. Offering or adopting compensation benefits over and above salary payments is an excellent means to accomplish your goals. Our attorneys assist clients in fashioning fringe benefit programs such as profit-sharing, stock options and employee stock ownership plans (ESOPs).

Government Audits. Saxton & Stump’s attorneys regularly guide and defend employers faced with the unfortunate prospect of a DOL or IRS audit or review.

EXECUTIVE COMPENSATION

Saxton & Stump’s attorneys advise public and private companies on the planning, development, negotiation and implementation of compensation programs for directors, executive officers and senior managers including:

  • executive employment agreements
  • base salary and bonus arrangements
  • health, life and long-term disability insurance
  • equity-based compensation including stock options
  • annual and long-term cash incentives
  • non-qualified deferred compensation (NQDC)
  • Supplemental Executive Retirement Plan (SERP)
  • perks and incidental benefits
  • relocation packages
  • executive severance agreements
  • taxation issues

BUSINESS SUCCESSION PLANNING

Leveraging Saxton & Stump’s Trust & Estates and Business & Corporate attorneys, we counsel family- or privately-owned businesses on the sensitive and challenging process of succession planning including:

  • devising an exit strategy or business continuity plan
  • identifying key contacts such as beneficiaries
  • structuring the sale or gifting of business interests
  • updating estate plans or trusts
  • strategic tax planning

TRANSACTIONS AND TRANSITION PLANNING

When conducting business transactions such as mergers, acquisitions, joint ventures, divestitures restructurings or downsizing, employee benefits are a critical piece in the transition planning. Saxton & Stump’s attorneys help clients navigate the complexities of benefits issues associated with a company transition including:

  • conducting due diligence with a focus on employee compensation programs and analyzing the impact of the transaction and potential legal risks
  • designing severance packages and early retirement programs
  • developing management retention programs
  • negotiating, integrating or consolidating employee benefits packages
  • preparing executive employment and consulting agreements under IRC Sections 162(m) and 280(g) “golden parachutes”

 

Employee Benefits and Executive Compensation Media Center

For more information on Employee Benefits and Executive Compensation

Contact Sarah K. Ivy, Esq. at: 717.556.1091 or ski@saxtonstump.com, or fill out the form below

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