Employee Benefits & Executive Compensation
The executive compensation and employee benefits attorneys at Ruder Ware assist businesses of all sizes in complying with the requirements of the Employee Retirement Income Security Act of 1974 (ERISA) and the Internal Revenue Code.
Our employee benefits attorneys work with clients in connection with the design, implementation, and administration of various types of employee benefit programs, such as defined benefit plans, profit sharing plans, 401(k) and 403(b) plans, employee stock ownership plans (ESOPs), employee stock purchase plans, executive compensation plans, group health plans, and cafeteria plans. Our clients range in size from small family owned businesses to large, publicly held corporations. Our services include:
- Drafting benefit plan and trust documents to meet both the client’s specific plan design needs and the requirements of ERISA and the Internal Revenue Code
- Providing guidance on matters such as the deductibility of contributions to and the taxation of distributions from tax-qualified retirement plans
- Advising on employee communication matters for tax-qualified retirement plans, welfare plans (including group health, life, and disability programs), and fringe benefit plans (such as cafeteria plans, flexible spending accounts, and qualified transportation fringe benefit plans)
- Analyzing and addressing retirement plan, welfare plan, and executive compensation plan issues that arise in connection with corporate mergers, acquisitions, and dispositions
- Representing clients and their plans before the Internal Revenue Service, the Department of Labor, and the Pension Benefit Guaranty Corporation; obtaining determinations from those regulatory agencies; and assisting with the many interpretive questions that inevitably arise in the course of employee benefit plan administration
- Assisting clients with correcting employee benefit plan deficiencies through the Internal Revenue Service and Department of Labor voluntary compliance programs
- Analyzing withdrawal liability issues and negotiating withdrawal liability assessments arising in connection with participation in multi-employer pension plans on behalf of both private and public employers
- Advising clients with respect to all aspects of implementing and administering group health plans, including compliance with applicable state and federal laws affecting group health plans such as ERISA, COBRA, and HIPAA
- Designing and implementing nonqualified deferred compensation arrangements, nonqualified and incentive stock option plans, stock purchase plans, severance arrangements, life and disability insurance programs, split-dollar arrangements, rabbi trusts, and other types of benefits for both executives and other employees
- Working on executive compensation and employee benefits issues that arise in connection with mergers and acquisitions and private equity transactions
- Working with chief executive officers and other senior executives in negotiating employment, severance, and change-of-control arrangements with their current and successor employers
- Advising employee benefit plan administrators and plan sponsors regarding ERISA fiduciary responsibilities.
Founded in 1920, Ruder Ware provides business, employment, estate planning, and litigation services. A full-service law firm, over 45 attorneys provide clients with a one-stop approach to their legal needs. Ruder Ware, Business Attorneys for Business Success.
Posted on May 1, 2025 by Mary Ellen Schill
On May 1, 2025, the IRS announced the Health Savings Account limits for 2026. With respect to contribution limits, the limits are slightly higher than the ones for 2025 and the required deductible and out-of-pocket maximums have increased as well. As a reminder, these inflation adjusted amounts are effective for calendar year 2026. HSA/HDHP Requirement […]
Posted on April 8, 2025 by Samuel J. S. Moheban
On March 12th, the Department of Homeland Security published an Interim Final Rule (“IFR”) partially implementing section 7 of Executive Order 14159, Protecting the American People Against Invasion (Jan. 20, 2025) (the “Executive Order”). Section 7 of the Executive Order directed the Secretary of Homeland Security, and others, to ensure that all previously unregistered noncitizens […]
Posted on April 7, 2025 by Samuel J. S. Moheban
On April 2nd, USCIS announced they had made available a revised Form I-9 for employment eligibility verification. The new form, available at the USCIS website, has an edition date of 01/20/25 and an expiration date of 05/31/27. USCIS will also continue to accept the following previous versions of the form: Form I-9 (08/01/2023 edition) with […]
Posted on March 26, 2025 by Samuel J. S. Moheban
Editor’s Note: CHNV Parole Termination Notice Stayed by Court The March 25 Federal Register Notice announcing the termination of CHNV parole has been stayed. Last week, the United States District Court for the District of Massachusetts issued a preliminary injunction, temporarily blocking the implementation of the termination notice. For more information, please see the USCIS […]
Posted on February 14, 2025 by Samuel J. S. Moheban
For employers seeking to sponsor foreign national professionals, awareness of the H-1B cap registration deadline is critical. Registration for the FY 2026 H-1B Cap lottery will start at 12 p.m. Eastern Time on March 7 and end at 12 p.m. Eastern Time on March 24. This year, the registration fee has been increased to $215. […]
Posted on February 7, 2025 by Nicole L. Stangl and Morgan H. Sweeney
For many years, employers have been operating within the confines of the Americans with Disabilities Act (“ADA”), the Family Medical Leave Act (“FMLA”), and the Wisconsin Fair Employment Act (“WFEA”) when a pregnant employee needs time off or an accommodation. Now employers have a new law to consider, and one that is arguably more favorable […]
Posted on January 23, 2025 by Samuel J. S. Moheban
All employers, regardless of whether they sponsor employees for work visas, should closely monitor the Trump Administration’s evolving immigration policies. This is critical due to an anticipated surge in the enforcement of immigration laws and the potential labor supply disruptions stemming from significant changes to immigration policy. Employers who are unsure about their I-9 compliance, […]
Posted on January 14, 2025 by Nicole L. Stangl and Morgan H. Sweeney
On November 15, 2024, a federal judge for the U.S. District Court for the Eastern District of Texas struck down the Department of Labor’s (DOL’s) 2024 overtime rule (“Overtime Rule”). This decision came months after the Overtime Rule went into effect and the first increase to the salary requirement was implemented. Due to the delay […]
Posted on December 19, 2024 by Mary Ellen Schill
The Internal Revenue Service issued the 2025 optional standard mileage rates today for computing the deductible cost of operating an automobile for business, charitable, medical, or moving purposes. The most notable change is the per mile increase for business use mileage. Effective January 1, 2025, the optional standard mileage rates for the use of a […]
Posted on November 15, 2024 by Nicole L. Stangl and Morgan H. Sweeney
Friday afternoon, a federal judge in Texas struck down the Department of Labor’s (“Department’s”) overtime rule (“Overtime Rule”) finding that the Overtime Rule exceeded the Department’s authority and was unlawful. In the Opinion, the court issued a vacatur which sets aside the rule and makes it no longer binding. This vacatur of the Overtime Rule […]
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