Best Employment Benefits & Executive Compensation Lawyers in White Plains

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Greenberg Traurig, LLP.

Greenberg Traurig, LLP.

White Plains, United States

Founded in 1967
2,300 people in their team
English
Five decades ago, while at lunch in a South Florida deli, attorneys Larry J. Hoffman, Mel Greenberg, and Robert Traurig saw an opportunity to establish a new breed of law firm for South Florida; a firm that mirrored a New York style firm. In 1967, they founded the law firm Greenberg Traurig...
Verrill Dana LLP.

Verrill Dana LLP.

White Plains, United States

Founded in 1862
213 people in their team
English
Decency, honesty, and judgment. The values that define Verrill as a law firm are the reason our clients trust and choose us time and time again. We don't compromise our values and our clients don't compromise on quality. Our experience and New England roots date back more than 150 years, and today,...
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About Employment Benefits & Executive Compensation Law in White Plains, United States

Employment Benefits and Executive Compensation law in White Plains, United States, focuses on the legalities surrounding employee benefits and compensation packages offered to executives. This area of law covers a wide array of topics, including retirement plans, health insurance, incentive programs, stock options, deferred compensation, and compliance with regulations like ERISA (Employee Retirement Income Security Act). White Plains, being part of the New York metropolitan area, is home to various businesses and industries, making the understanding of these legal aspects crucial for both employers and employees.

Why You May Need a Lawyer

There are several common situations where individuals or businesses might require legal expertise in Employment Benefits & Executive Compensation:

  • Complex Plan Design: Employers may need assistance in designing complex compensation and benefits plans that comply with federal and state regulations.
  • Plan Compliance: Both small and large companies need to ensure their benefit plans comply with ERISA and other relevant laws.
  • Dispute Resolution: Employees may face disputes regarding the denial of benefits, requiring legal intervention to resolve conflicts.
  • Executive Packages: Executives may need legal advice to negotiate fair contracts that include stock options, bonuses, and retirement plans.
  • Mergers & Acquisitions: Businesses involved in mergers and acquisitions might need guidance on how to manage existing employee benefits.
  • Tax Implications: Both employees and employers might require legal advice concerning the tax implications of various compensation elements.

Local Laws Overview

White Plains is subject to both federal and New York state employee benefits and compensation laws. Key aspects include:

  • ERISA Compliance: Employment benefit plans must comply with ERISA requirements to ensure fiduciary responsibilities and transparency.
  • New York State Labor Laws: These laws may offer additional protections to employees beyond federal regulations, including specific rights to unpaid leave, sick days, and wage protections.
  • Health Insurance Mandates: Employers in New York must adhere to state mandates regarding health insurance provision, which often supplement federal ACA requirements.
  • Tax Withholding Requirements: Companies must comply with both federal and New York state tax withholding requirements on various types of compensation.

Frequently Asked Questions

What are the basic types of benefits that employers are required to offer in White Plains?

Employers in White Plains must comply with federal requirements such as providing Social Security, unemployment insurance, and workers’ compensation. Health insurance benefits may be required under the Affordable Care Act for certain employers.

What is ERISA and how does it affect me?

ERISA is a federal law that sets minimum standards for retirement and health benefit plans in private industry to provide protection for individuals in these plans.

Can my employer change my benefits after they've been promised?

It depends on the terms of your employment contract and the benefit plan documents. Employers typically reserve the right to modify or terminate benefit plans, but there are notification and legal compliance requirements to consider.

What should I do if my benefits claim is denied?

You should receive a written denial with the reasons for it and information on how to appeal the decision. Consider consulting a lawyer if you believe the denial is unjustified.

Are stock options part of my regular income for tax purposes in White Plains?

Yes, stock options are usually taxable as income when exercised, and federal and state taxes may apply.

Is there a difference between cafeteria plans and flexible spending accounts?

Yes, while both offer tax-advantaged benefits for certain employee expenses, cafeteria plans are broader and may include FSAs as one element among various other benefits.

What is a non-qualified deferred compensation plan?

This is a type of arrangement where an employer defers paying part of an employee’s compensation to a future date, often for tax advantages, though such plans don't typically meet ERISA standards.

How are executive compensation packages governed differently than regular employee packages?

Executive compensation packages often include a combination of salary, bonuses, stock options, deferred compensation, and benefits, and are subject to different regulations and tax laws, requiring more complex planning.

Are there state-specific retirement plan protections in New York?

Yes, New York law may provide additional protections for pensions and retirement plans that extend beyond federal ERISA protections.

How can I ensure compliance with both federal and state benefits laws?

Consulting with legal experts in employment law and regularly reviewing policies and compliance procedures is crucial to staying compliant with both sets of laws.

Additional Resources

Consider reaching out to the following resources for more information and assistance in Employment Benefits & Executive Compensation:

  • U.S. Department of Labor (DOL) - Employee Benefits Security Administration (EBSA)
  • New York State Department of Labor
  • White Plains Bar Association for local legal help
  • Internal Revenue Service (IRS) for tax-related inquiries
  • American Bar Association (ABA) for legal resources and referrals

Next Steps

If you need legal assistance in Employment Benefits & Executive Compensation in White Plains, consider the following steps:

  • Consultation: Seek initial consultations with attorneys specializing in this area to discuss your needs and potential plans of action.
  • Research: Utilize the additional resources mentioned to gather information tailored to your specific situation.
  • Documentation: Gather all relevant documentation related to your employment benefits and compensation to share with legal counsel for a thorough review.
  • Decision Making: Work with your attorney to decide on the best legal strategy to address your particular issue, whether it's negotiation, litigation, or compliance advice.
Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.