Employment, Labor & Benefits

Employee Benefits

When it comes to employee benefits, it’s not just a balancing act between the needs of your organization and the needs of employees. You also have to navigate through constantly changing state and federal laws in order to stay in compliance and avoid the risk of fines or costly litigation. Mintz Levin’s attorneys can help you make cost-effective decisions and keep your organization in compliance.

We represent global corporations, US businesses, trade associations, tax-exempt colleges, universities and independent schools, hospitals and integrated health care systems, hedge funds, private equity pools, employee benefits consultants and brokers, health insurance companies, and others on a broad spectrum of benefits matters. Our lawyers have participated in hundreds of mergers, acquisitions, and other corporate reorganizations, advising sellers, buyers, lenders, and intermediaries on benefits issues affecting their transactions.

We are counsel to dozens of 401(k) committees, and our advice is regularly sought out on plan governance and fiduciary compliance. Our lawyers routinely assist large pension funds to engage in sophisticated investment strategies, including equity swaps and other hedging arrangements. We advise multi-employer arrangements and funded welfare trusts. We practice before the IRS, Department of Labor, and the SEC, among other regulatory agencies.

Quick Facts

  • Multiple attorneys listed in Chambers USA for Employee Benefits and Executive Compensation
  • Clients across the nation served from the firm’s offices in Boston, New York, and Washington, DC
  • Practice has published seven benefits-related books and hundreds of articles

Areas of Focus

  • Benefits-related aspects of mergers and acquisitions
  • Deferred compensation arrangements
  • ERISA fiduciary and prohibited transaction issues
  • Fringe benefit plans
  • Health and welfare plans
  • Qualified and nonqualified retirement plans
  • Health care reform
  • Stock and stock-based compensation arrangements

Representative Experience

  • Represented a multinational financial services firm on all manner of benefits-related issues with an emphasis on complying with the Patient Protection and Affordable Care Act, including welfare plan design, provider and vendor agreements, funding mediums, and regulatory status of plans under state insurance regulations.
  • Advised a name-brand private exchange on compliance with the Patient Protection and Affordable Care Act.
  • Served as counsel to a global staffing company on the US regulatory aspects of all of its worldwide stock compensation arrangements. Also advised the company on all US tax-qualified and non-qualified pension plans, welfare arrangements, and fringe benefit programs.
  • Counseled a national, California-based staffing services and employment agency that provides temporary staffing and recruiting services on complying with the Patient Protection and Affordable Care Act.
  • Represented Cava Mezze Restaurant Group on various employment matters. Also, led the restaurant's defense of a wage and hour action that resulted in a favorable settlement.
  • Advised several multi-brand restaurant operators on Massachusetts health care "Fair Share" law.
  • Assisted UNO Pizzeria & Grill in health care reform matters.
  • Obtained a seminal Department of Labor ruling (Ad. Op. 2005-20A) on behalf of a Dunkin’ Donuts purchasing cooperative that for the first time allowed a captive insurance company to qualify as a fully insured multiple-employer welfare arrangement, thereby sidestepping regulation by multiple state insurance authorities.
  • Counseled the Commonwealth of Massachusetts in connection with the historic 2006 Massachusetts health care reform law. Our lawyers have testified before the Senate Finance Committee and provided briefings to the staffs of various US House and Senate committees and subcommittees on federal health care reform.
  • Counseled Caliper Life Sciences, Inc. in its 2011 sale to PerkinElmer for $600 million.
  • Advised a global mobile communications company in multiple acquisitions and dispositions.
  • Assisted the owners of a biotechnology company on the design and implementation of a tax-compliant bonus plan for its key executives in connection with a sale of the company to a strategic buyer and assisted the executives in obtaining the owners’ consent to the payments to avoid the golden parachute excise tax.

Clients We Serve

  • Global corporations
  • US businesses
  • Trade associations
  • Tax-exempt colleges
  • Universities
  • Independent schools
  • Hospitals
  • Integrated health care systems
  • Hedge funds
  • Private equity pools
  • Employee benefits consultants and brokers
  • Health insurance issuers