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
- IRS Announces 2023 Cost-of-Living Adjustments for Retirement Plans and for Health and Welfare Benefit Plans
- Executive Compensation and Negotiation Essentials for Women Leaders
- IRS Makes it Easier to Correct Certain Retirement Plan Compliance Issues
- Department of Labor Releases Employee Benefits and Cybersecurity Best Practices
- 2021 Arrives with Additional Flexibility for Flexible Spending Accounts
- New Safe Harbor Announced for Electronic Disclosures Required by ERISA
- Enforceability and Incorporation of Online Terms and Conditions
- Benefit Plans Established by Church Affiliates Are Exempt From ERISA
- Employee or Independent Contractor? Uber Wages Battles to Answer Critical Question for On-Demand Economy Companies and Their Workers
- Remedying Past Employee/Independent Contract Misclassification Through IRS’s Voluntary Settlement Program
Publications & Alerts
- 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
- Missing and Nonresponsive Participants, Foster Swift Business & Tax Law News, June 7, 2021
- Recent IRS Guidance and Clarification for the COBRA Subsidy Imposed by ARPA, Foster Swift Business & Tax Law News, June 3, 2021
- Incentivizing Employees to Obtain COVID-19 Vaccines, Foster Swift Employee Benefits News, April 8, 2021
- Missing and Nonresponsive Participants, Foster Swift Employee Benefits News, April 8, 2021
- 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
- Hiring, Investigating and Discipline/Discharge in the Law, Foster Swift: Developing Labor Law Update, February 7, 2018
- Employee Benefits Basics from 401(k) to PPACA", Michigan Nursery & Landscape Association Great Lakes Trade Expo, January 26, 2015
- An Introduction to ESOPs, WEBINAR: The National Center for Employee Ownership, December 2, 2014
- Foster Swift Listed in "Best Law Firms" 2023, Best Lawyers "Best Law Firms", November 3, 2022
- National Employee Benefits Day Gains Traction as Employers Compete for Employees, Global Newswire, April 5, 2022
- New Virtual Program Addresses Legal Strategies for Women Business Leaders, Michigan Business Network, March 28, 2022
- Foster Swift Elects Four Shareholders, January 10, 2022
- Foster Swift Attorneys Named to 2022 Best Lawyers in America©, August 19, 2021
- Foster Swift Best Lawyers® 2022 "Ones to Watch", August 19, 2021
- Learn Employee Benefits Legal Trends and Policies in 2021, Foster Swift Employee Benefits E-blast, April 19, 2021