Comprehensive Counsel on Employee Benefit Plans and Executive Compensation
Our Employee Benefits and Compensation practice group advises clients on a full spectrum of legal issues related to the design, implementation, and administration of employee benefits and compensation programs. We work closely with employers to develop strategies that align with business goals while ensuring compliance with complex local and federal regulations. Our team handles benefit plans across a broad range of structures, including 401(k) and other cash or deferred contribution arrangements, profit sharing, employee stock ownership plans (ESOPs), pension and non-qualified deferred compensation plans, executive compensation, and health and welfare benefit plans.
Plan Design, Implementation, and Regulatory Compliance
We assist clients with every phase of benefit plan management, including drafting and reviewing plan documents, summary plan descriptions, trust instruments, and plan amendments. Our services also include compliance reviews, filings with government agencies, fiduciary counseling, and support during audits by the Department of Labor or Puerto Rico Treasury Department. We regularly advise on issues related to COBRA, FMLA, drug testing policies, reasonable accommodations, plan terminations, and compliance with both ERISA and Puerto Rico’s unique regulatory framework.
Puerto Rico-Specific Compliance and Protections
In addition to aligning with U.S. federal standards such as ERISA, COBRA, FLSA, and FMLA, our practice is deeply knowledgeable about the distinct employment laws in Puerto Rico. We advise on matters such as local disability insurance, mandatory vacation and sick leave, protections for pregnant and nursing employees, daily overtime rules, flexitime agreements, mandatory meal periods, annual bonus requirements, mandatory closing laws, and other statutory obligations. This dual jurisdictional knowledge allows us to craft benefit programs that meet the needs of employers operating in both Puerto Rico and the mainland U.S.
Litigation and Administrative Proceedings
Our team also represents clients in a wide range of litigation, arbitration, and administrative proceedings related to benefit plans and employee compensation. This includes defending claims involving plan mismanagement, discrimination in benefits, and disputes over executive compensation. With deep experience in both transactional and contentious matters, we deliver integrated solutions that protect our clients’ interests and support long-term human resources strategies.