Foster Swift's employee benefits practice offers a full range of tax, labor law and litigation services relating to employee benefit plans. We advise clients who are subject to the Employee Retirement Income Security Act (ERISA), as well as state and local governments and qualifying church organizations that are exempt from ERISA.
Our attorneys assist with the design and drafting of benefit plans and related employee disclosure materials. We also help employers ensure that their programs comply with changes in relevant law. We negotiate closing agreements and private letter rulings with the Internal Revenue Service (IRS) and work with employers regarding IRS and U.S. Department of Labor Audits. Our practice also includes advising clients regarding important corporate transactions that involve Employee Stock Ownership Plans (ESOPs), and prohibited transaction and other special legal problems.
Our team provides advice to employers regarding the corporate governance and fiduciary duty aspects of implementing and administering an employee benefit plan. We also advise clients regarding the growing area of international employee benefit planning. This work includes the taxation of employee benefit plans pursuant to tax treaties.
Our work covers all kinds of qualified retirement plans, including (1) 401(k), ESOP, 403(b) and other defined contribution plans, and (2) defined benefit plans (including cash balance plans). Foster Swift also has an extensive practice relating to nonqualified top hat plans, excess benefit plans, Internal Revenue Code Section 409A compliance, funded nonqualified deferred compensation and rabbi trust issues, and the securities law (SEC and blue sky) implications of nonqualified deferred compensation arrangements.
We have extensive experience with health plan compliance and documentation (including Affordable Care Act issues); funded welfare benefits; the creation of Voluntary Employees Beneficiary Association (VEBA) programs; cafeteria flex plan design and implementation; welfare benefit plan discrimination testing; COBRA compliance; Health Reimbursement Arrangement (HRA); Health Savings Account (HSA); dependent care assistance; transportation fringe; and other welfare benefit programs. We have also advised clients regarding the establishment of Revenue Credit Account (RCA) arrangements (ERISA expense accounts) and the related U.S. Department of Labor (DOL) guidance.
Foster Swift clients have been as varied as the challenges they’ve faced over the years. When it comes time to meet your own unique challenges, be comforted knowing that members of our Employee Benefits Practice Group are on your side, drawing upon our breadth of experience and skill to assist you.
Foster Swift has been named a Tier 1 firm in Employee Benefits (ERISA) Law in Lansing by U.S. News – Best Lawyers® "Best Law Firms" in 2014, 2016, 2017, 2018, 2019, 2020 and 2021.
Recent Blog Posts
- DOL Echoes Employee Benefits and Cybersecurity Best Practices
- Is it Time to Update and Restate Your Summary Plan Description?
- The Corporate Transparency Act and its Impact on ESOPs
- IRS Announces 2024 Cost-of-Living Adjustments for Retirement Plans and for Health and Welfare Benefit Plans
- Employer Q & A About New Pregnant Workers Fairness Act
- How to Attract and Retain Talent in 2023
- Executive Compensation and Negotiation Essentials for Women Leaders
- An HR Audit to Position You for a Great Start to 2022
- IRS Makes it Easier to Correct Certain Retirement Plan Compliance Issues
- Compensability of a Work-Related Suicide Claim
Publications & Alerts
- 2023 Legal and Regulatory Developments for Agribusinesses, Foster Swift Agricultural Law News, August 30, 2023
- What You Need to Know About SECURE 2.0, Foster Swift Business & Tax Law News, February 23, 2023
- Employee Benefits Considerations After Dobbs v. Jackson Women's Health Organization: Foster Swift Highlights Options Available to Employers, Foster Swift Employee Benefits Law E-blast, July 7, 2022
- Recent IRS Guidance and Clarification for the COBRA Subsidy Imposed by ARPA, Foster Swift Business & Tax Law News, June 3, 2021
- Governor Whitmer Signs Extension of Unemployment Benefits into Law and Other COVID-19-Related Legislation, Foster Swift Labor & Employment Law News E-blast, October 23, 2020
- The Benefits of Adopting a Pre-Approved Plan, Foster Swift Business & Tax Law News E-blast, August 11, 2020
Events
- Be Intentional About Your Repurchase Obligation, ESOP Association - Great Lakes Regional Conference, October 17, 2023
- Fall 2023 Labor & Employment Law Update, Foster Swift Going Forward Webinars, October 12, 2023
- Navigating the New Normal for ESOPs, ESOP Association- Michigan Chapter, April 11, 2023
- Learn Executive Compensation Options & Negotiation, Foster Swift Legal Strategies for Women Leaders, June 7, 2022
- Moving Forward: Succession Planning for Your Business, Michigan Movers Association, February 16, 2022
- ESOPS: A Trending Business Succession Strategy, MICPA Learning Showcase, June 15, 2021
- Hiring, Investigating and Discipline/Discharge in the Law, Foster Swift: Developing Labor Law Update, May 9, 2018
News
- Seven Foster Swift Attorneys Listed as Best Lawyers® "Ones to Watch" 2025, Best Lawyers in America, August 15, 2024
- Dernovshek Named to ICBA's “Top 5 under 35” Attorneys, Ingham County Bar Association, March 15, 2024
- Preparing Women Business Leaders for 2024 Legal Challenges, Meltwater Newswire, February 20, 2024
- Grand Rapids Attorneys Listed as 2023 Top Lawyers, Grand Rapids Magazine, November 8, 2023
- Foster Swift Attorneys Named 2024 Best Lawyers in America, Best Lawyers in America, August 17, 2023
- Foster Swift Best Lawyers® 2024 "Ones to Watch", Best Lawyers in America, August 17, 2023
- Foster Swift Listed in "Best Law Firms" 2023, Best Lawyers "Best Law Firms", November 3, 2022
Media
- Legal Services Overview
- View All Services by Alpha
- Cybersecurity Hotline
- Corporate Transparency Act (CTA)