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Employee Benefits

Employee benefit programs are crucial for the recruitment and retention of top talent.  Poyner Spruill attorneys know that in a highly competitive business environment, a well-drafted and well-administered employee benefit plan can lower an employer’s costs and provide a competitive advantage.  Our attorneys advise employers on all aspects of benefit law and work closely with clients to maintain a benefits strategy that supports the employer’s overall business objectives.  

Poyner Spruill’s Employee Benefits Group represents a diverse group of employers, from publicly traded to closely-held companies, nonprofit groups, hospitals, associations and governmental entities.  Our attorneys appreciate that each employer has different needs and objectives, and they work with each client to create plans that are right for them.  But our strength lies in helping clients navigate the complex laws and regulations governing plans, avoid compliance issues and resolve problems efficiently.  

Poyner Spruill’s expertise spans the full range of employee benefit services, from plan design, strategy and implementation to legal and regulatory compliance, taxation and litigation.  When plans have been administered improperly, our attorneys assist clients in identifying and fixing the problems.  The Employee Benefits Group advocates on behalf of clients before the Internal Revenue Service, the Department of Labor and the Pension Benefit Guaranty Corporation, as well as in federal district, appellate and bankruptcy courts.  Our attorneys also handle employee benefits issues in mergers and acquisitions, company restructuring and litigation.  

Poyner Spruill’s Employee Benefits Group counsels employers on a wide range of benefit programs, including:

  • 401(k) and profit-sharing plans
  • Pension plans
  • 403(b) and 457 plans for tax-exempt and governmental employers
  • Employee stock ownership plans (ESOPs)
  • Executive compensation, including nonqualified and performance-driven plans
  • Stock-based plans, including phantom and restricted stock
  • Group insurance plans
  • Health and welfare plans 
  • Self-funded health and disability plans
  • Consumer-driven healthcare solutions, including health savings accounts (HSAs) and flexible spending accounts (FSAs)
  • Cafeteria plans
  • Fringe benefit plans
  • COBRA and HIPAA issues
  • Association plans
  • Multiemployer and multiple employer plans, including multiple employer welfare arrangements (MEWAs)
  • Fiduciary responsibility

Employee benefits issues are often intertwined with other legal issues. In those situations, members of the Employee Benefits Group work closely with Poyner Spruill lawyers who concentrate in other areas of the law.
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