Tax/ERISA/Employment
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Tax
The tax practice at Fellheimer & Eichen llp encompasses all aspects of federal, state and local taxation, including:
- Tax planning for businesses and individuals
- Tax matters involved in structuring or restructuring corporations and partnerships
- Tax issues arising in connection with business debt reduction
- Income tax withholding and employment tax (e.g., FICA and FUTA) matters
- Advice and preparation/review of agreements to handle tax matters arising in business acquisitions, sales, mergers, loans and other transactions
- Internal Revenue Service (IRS) inquiries and audits
ERISA
The ERISA practice covers all matters involving ERISA, employee benefits and executive compensation, including:
- Drafting and providing advice on the implementation and operation of employee benefit plans (including pension and profit sharing, 401(k), ESOPs, cash balance, nonqualified deferred compensation, health care, cafeteria, and severance)
- Amending qualified retirement and other employee benefit plans to comply with changes in the law
- Preparing submissions of qualified plans to the IRS
- Handling inquiries and audits by the IRS, the Department of Labor (DOL) and other government agencies pertaining to employee benefit plans
- Helping to correct operational errors and other compliance failures of the plans by self-correction or by using IRS or DOL correction programs
- Preparing incentive compensation arrangements for executives
- Providing advice and materials for complying with federal statutory rules, such as Code Section 409A, COBRA (including state mini-COBRA), GINA and HIPAA
- Counseling and preparing/reviewing agreements to handle ERISA and employee benefits matters in business acquisitions, sales, mergers, loans and other transactions
- Consulting on ERISA fiduciary requirements for the investment of retirement plan assets and the management of employee benefit plans
Employment Practice
The employment practice involves preparation and review of employee handbooks and employment policies, litigation of employment cases, and handling any employment matter from an employee's date of hire through his or her retirement. Such matters include:
- Advising on compliance with federal statutory requirements, such as the Family and Medical Leave Act (FMLA), Title VII of the Civil Rights Act (Title VII), the Fair Labor Standards Act (FLSA), the Age Discrimination in Employment Act (ADEA), and the Americans with Disabilities Act (ADA)
- Negotiating, drafting and reviewing offer letters, employment agreements, non-competition and non-disclosure agreements, and separation agreements
- Providing advice and preparation of plans, documents and employee communications for early retirement and workforce reduction programs
- Bring and defending Litigation arising from Employment Practices such as sexual harassment and age and race discrimination
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