ERISA and Employee Benefits

Nexsen Pruet attorneys who counsel clients regarding ERISA (the Employee Retirement Income Security Act of 1974) and employee benefits possess a unique set of skills and experience. They help clients solve increasingly critical and complex benefits and compensation challenges.

Success often depends on your company’s ability to attract, motivate and retain talented people. This creates challenges and opportunities when making decisions about retirement plans and insurance benefits.

The attorneys on our employee benefits team have significant experience with the following types of benefit plans and arrangements:

  • Section 401(a) tax-qualified pension, profit sharing, money purchase pension and 401(k) retirement plans
  • Employee stock ownership plans (ESOP)
  • Section 403(b) tax-deferred annuity and Section 457(b) plans maintained by tax-exempt organizations or governmental entities
  • Group insurance plans, including health, dental, prescription drug, vision, disability, life and long-term care insurance
  • Section 125 (cafeteria) flexible benefits plans and the available healthcare and dependent care Flexible Spending Accounts (FSA)
  • Health Savings Accounts and Health Reimbursement Accounts
  • Salary continuation and severance programs

Ongoing support

We regularly counsel clients about the plan design options available to them and help create benefits programs that meet their needs. Once implemented, we advise our clients about ongoing administrative, compliance and sponsorship matters, including:

  • Record-keeping, filing, and document maintenance and distribution requirements
  • The updating of documents and administrative practices to reflect recent tax or other employee benefits law changes, such as health care reform
  • The timing for employee and employer contributions and the available tax deductions
  • The adoption of tax-exempt Section 501(c)(9) Voluntary Employee Benefits Arrangements (VEBA)
  • The correction of operational or document failures pursuant to Internal Revenue Service guidelines, and the correction of fiduciary breaches or prohibited transactions under Department of Labor rules
  • The filing of IRS determination letter requests and information returns (Form 5500), including the filing of delinquent Form 5500
  • COBRA and HIPAA compliance, including HIPAA Privacy and Security matters
  • Nondiscrimination testing, compliance, and planning matters
  • The implementation of wellness programs
  • Contingent workforce planning (e.g. independent contractors, leased employees, PRN)
  • The resolution of benefit claims and fiduciary allegations, including litigating such claims in court
  • The representation of clients in connection with Internal Revenue Service and Department of Labor audits
  • The employee benefits aspects of collective bargaining agreements
  • The amendment or termination of plans in changing economic times to meet companies’ business needs

Our ERISA and employee benefits attorneys strive to translate this complicated set of taxation laws into simple concepts.

Our goal is to help you tailor a compliant benefits program that best meets your needs and helps your business achieve its goals.

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Peer Reviews

  • 4.7/5.0 362 reviews
  • Legal Knowledge

    4.7/5.0
  • Analytical Capability

    4.7/5.0
  • Judgment

    4.7/5.0
  • Communication

    4.7/5.0
  • Legal Experience

    4.7/5.0

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Client Reviews

  • 4.3/5.0 7 reviews
  • 86% client recommended 6 recommendations
  • Communication

    4.6/5.0
  • Responsiveness

    4.4/5.0
  • Quality of Service

    4.4/5.0
  • Value for Money

    3.9/5.0
  • Joan Wash Hartley Read all 2 reviews

    5.0/5.0 on 08/28/13

    Joan is well versed in all areas of environmental law and regulation for a diverse number of applications. She has provided sound advice on real esta... Read more

    Joan is well versed in all areas of environmental law and regulation for a diverse number of applications. She has provided sound advice on real estate matters, and regulatory matters involving operating permits and rules governing operations in South Carolina and North Carolina. Joan is responsive to client requirements, is an effective communicator, and has been successful at providing sound advice in working with government agencies to amicably resolve complicated regulatory matters.

    • Communication

      5.0/5.0
    • Responsiveness

      5.0/5.0
    • Quality of Service

      5.0/5.0
    • Value for Money

      5.0/5.0

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  • Devon Turner Riley Read 1 review

    5.0/5.0 on 06/04/15

    As an attorney myself, when I needed assistance in a white collar matter, I was immediately referred to
    Ms. Riley by more than one attorney. Right... Read more

    As an attorney myself, when I needed assistance in a white collar matter, I was immediately referred to
    Ms. Riley by more than one attorney. Right to the point, Ms. Riley's knowledge of the law, ability to communicate, and abilities as an advocate are second to none. Ms. Riley, in my opinion, is one of the brightest and most effective attorneys I have ever met.

    • Communication

      5.0/5.0
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      5.0/5.0
    • Quality of Service

      5.0/5.0
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      5.0/5.0

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  • Rhonda R. Tapley Read 1 review

    4.8/5.0 on 07/15/13

    • Communication

      5.0/5.0
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      5.0/5.0
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      5.0/5.0
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      4.0/5.0

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  • Mr. Robert Daniel Boyce Read 1 review

    1.5/5.0 on 09/22/12

    We as family members of his client did most of the work in gathering helpful info. then all he basically did was read what we had collected. Did not s... Read more

    We as family members of his client did most of the work in gathering helpful info. then all he basically did was read what we had collected. Did not stand up enough for our son.

    • Communication

      2.0/5.0
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      2.0/5.0
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      1.0/5.0
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  • nexsen-pruet-llc

    4.5/5.0 on 06/04/11

    They were always fast with a response to a question of mine and it was very affordable with great services. Read more

    They were always fast with a response to a question of mine and it was very affordable with great services.

    • Communication

      5.0/5.0
    • Responsiveness

      4.0/5.0
    • Quality of Service

      5.0/5.0
    • Value for Money

      4.0/5.0

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  • nexsen-pruet-llc

    4.5/5.0 on 08/21/10

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    • Communication

      5.0/5.0
    • Responsiveness

      5.0/5.0
    • Quality of Service

      5.0/5.0
    • Value for Money

      3.0/5.0

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Diversity

Nexsen Pruet recognizes the importance of having lawyers that reflect the broad diversity within our client base, our jury system, our colleagues, and our community at large.  To that end, we are committed to recruiting minority candidates, reducing minority attrition, supporting minority organizations, and expanding and improving our diversity program.  We also recognize that the pursuit of a diverse workplace is, and should be, ongoing. 

As a means of promoting these interests, we created the Nexsen Pruet Diversity Scholarship Program. Prior to creating the scholarship, we completed a written plan that identified methods by which the firm could recruit, hire, and retain minority lawyers. The plan includes expanding our recruitment efforts to other law schools, increasing recruitment of lateral minority and female candidates, and continuing to develop and enhance our relationships with minority law organizations such as the Black Law Students Association.  Our goal is to identify qualified minority candidates who may be potential members of the firm.

Nexsen Pruet understands the need for and value of increased diversity, and we are strengthening and building upon our commitment to provide an inclusive environment within our firm.  As such, we will maintain a continuing focus on doing whatever we can to achieve the important and necessary goal of diversity.

 

Nexsen Pruet Diversity Scholarship

Strengthening the Lawyers of Tomorrow...Today

   The Nexsen Pruet Diversity Scholarship aims to:  

  • Support diversity within our firm and the bar  
  • Enhance educational opportunities for talented minorities in the field of law  
  • Inform minority law students of opportunities for private practice in the Carolinas   

The Scholarship Program will award $3000 to one or more exceptional first year minority law students planning a career in North or South Carolina.   

All scholarship recipients will be considered for summer employment in one of the Nexsen Pruet offices upon completion of their first year of law school.  Scholarship recipients are invited to re-apply for additional scholarships during their second and third years of law school.   

 Eligible students must be attending one of the following schools:

  • University of North Carolina School of Law
  • University of South Carolina School of Law
  • Wake Forest University School of Law 
  • North Carolina Central University School of Law 
  • Charleston School of Law
  • Charlotte School of Law