Employee Benefits & Executive Compensation
Innovative employee benefits and executive comp solutions are essential to attract and retain a strong workforce.
Perkins Coie develops leading-edge strategies for employee benefits and executive compensation, supporting the evolving demands of modern businesses.
Perkins Coie’s nationally recognized Employee Benefits & Executive Compensation practice represents businesses ranging from emerging companies to global brands across diverse industries.
How we help clients
- Employee benefits
- Executive compensation
- Litigation and regulatory support
Our Team
We provide guidance on executive compensation and employee benefits issues across both U.S. and international jurisdictions.
Executive Compensation
Working as trusted advisors with senior executives, in-house counsel, benefits and compensation professionals, and other service providers, our lawyers assist U.S.-based clients on all aspects of executive compensation, including tax and securities compliance and compensation-related corporate governance and disclosure matters. When our clients need assistance in non-U.S. jurisdictions, we collaborate with experienced and knowledgeable partner firms around the world.
Our team helps clients in a variety of matters, such as:
- Equity and nonequity compensatory plan documents, employee communications, executive employment, severance and change-in-control agreements, proxy statements (including equity plan proposals), 8-K disclosures of executive compensation arrangements, and S-8 registration statements.
- Tax, securities, and ERISA compliance in a wide variety of areas, such as restricted stock unit, stock option, and other equity granting practices; Section 16 reporting and liability issues; 11-K filings; insider trading issues; Section 409A deferred compensation taxation; crypto-based programs; ERISA top hat filings and related compliance issues; and executive claims administration.
- Board and administrative committee meetings.
- Nonqualified deferred compensation plans, broad-based equity plans, and employee stock purchase plans.
- Due diligence of executive and equity compensation issues in mergers, acquisitions, divestitures, and other major business transactions.
- Executive and equity compensation-related securities litigation.
- Claims proceedings, obtaining tax and ERISA rulings, governmental audits and regulatory agency investigations, and compliance problems under voluntary governmental programs.
Employee Benefits
Our lawyers provide full-service employee benefits representation addressing all aspects of plan design strategy, plan drafting, and plan operations for a wide range of benefit plans, policies, agreements, and arrangements. We support employee benefits clients in such areas as mergers and acquisitions; claims and litigation; government investigations and audits; and federal, state, and local compliance guidance relating to the Internal Revenue Code; ERISA; HIPAA; the Affordable Care Act; and other federal, state, and local laws.
We assist clients with the following matters:
- Defined contribution plans, such as 401(k) profit sharing plans, and defined benefit pension plans.
- Union-based (multiemployer) retirement plans.
- Nonqualified deferred compensation plans and executive benefit arrangements.
- Tax issues, including Code Section 409A, 457, and 280G matters.
- Health and welfare programs, including self-funded group health benefits, retiree medical benefits, consumer-driven benefits (like high-deductible health plans), health savings accounts, health reimbursement arrangements, and healthcare flexible spending accounts offered through a Code Section 125 Cafeteria Plan.
- HIPAA privacy, security, and breach notification rules.
- State family and medical leave laws, including the Washington State Paid Family and Medical Leave Program and the California Paid Family Leave laws
- State and local laws related to sick leave.
- Employment agreements and severance plans and policies (both individualized and broad-based).
- Pretax commuter benefit plans, employee assistance and wellness programs, education assistance programs, and adoption assistance programs.
- Benefit claims and appeals to government agencies.
- Pension Benefit Guaranty Corporation audits and investigations.