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Practice Area

Employee Benefits & Executive Compensation Planning

Guiding employers through every stage of benefits design, compliance, and administration with unmatched tax and ERISA expertise.

Share and Download Employee Benefits & Executive Compensation Planning

Friday, Eldredge & Clark has the largest and most experienced Employee Benefits Practice Group in Arkansas, advising public, private, tax-exempt, and governmental employers on all aspects of employee benefits and compensation plans. With more than 150 years of combined experience, our team focuses exclusively on the tax and ERISA (Employee Retirement Income Security Act) issues that define this complex area of law. Every member of the group holds a Master of Laws in Taxation, many are certified public accountants (inactive), and most are recognized by The Best Lawyers in America, Chambers and Partners, and the American College of Tax Counsel.

Our attorneys counsel employers, plan sponsors, and fiduciaries on the full spectrum of benefit and compensation arrangements, including private employer, tax-exempt, and governmental plans; executive compensation programs; profit-sharing, 401(k), defined benefit, and cash balance plans; ESOPs; and health and welfare programs. We also advise on 403(b) and 457 plans and other non-ERISA tax-qualified arrangements, tailoring each solution to meet our clients’ operational and strategic goals.

We provide end-to-end guidance on plan design, implementation, administration, and compliance, ensuring tax qualification and adherence to ERISA, the Internal Revenue Code, the ACA, HIPAA, COBRA, and other applicable laws. Our experience includes preventive plan reviews, wellness compliance, Department of Labor investigations, IRS audits, and the use of correction programs. We also assist employers with benefits issues in mergers and acquisitions, manage plan exposure and administrative costs, and implement risk management strategies—from claim avoidance and ERISA preemption to defending fiduciaries in litigation, responding to benefit claims, and handling QDROs. Our goal is to deliver practical, cost-effective solutions that help employers remain compliant, competitive, and confident in managing their benefit programs.

 

Areas of Focus

Private Employer Plans

Private sector employers need to ensure that the employee benefits plans they implement are structured correctly, properly documented, and in full compliance with all Department of Labor and IRS law and regulations.

Tax-exempt Organization Plans

Healthcare providers and other tax-exempt organizations that maintain IRC Section 403(b) retirement plans or programs or nonqualified deferred compensation plans subject to IRC Section 457 – as well as other defined contribution plan opportunities that have been extended to tax-exempt entities – can confidently turn to Friday, Eldredge & Clark for design and compliance guidance.

Governmental Plans

The unique complexities in the design and compliance surrounding governmental plans require our special guidance on state and federal law requirements that apply to non-ERISA tax-qualified plans, IRC Section 403(b) and 457 plans.

Executive Compensation

We advise companies on all aspects of equity and deferred compensation planning for executives. Our in-depth understanding of tax, including IRC Section 409A compliance, accounting, disclosure, and securities considerations, allows us to provide the necessary guidance to implement and administer effective equity compensation arrangements, bonus programs, and deferred compensation plans.

Summary
  • Comprehensive Plan Guidance: Advising employers of all sizes on the design, implementation, and administration of benefit and compensation plans that meet business goals and regulatory requirements.
  • Tax & ERISA Expertise: Providing specialized counsel on complex tax, ERISA, and compliance matters to help employers avoid costly penalties and ensure plan integrity.
  • Audit & Compliance Support: Representing clients in IRS and Department of Labor audits, investigations, and correction programs with deep regulatory insight.
  • Executive Compensation Solutions: Structuring and managing equity arrangements, deferred compensation plans, and performance-based incentives for executives and key employees.
  • Fiduciary Training & Risk Management: Offering proactive fiduciary education, compliance reviews, and strategic defense against claims and liabilities.
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