Employment Law, Benefits & Executive Compensation

We assist businesses of all sizes and not-for-profit entities across a range of industries including healthcare and educational institutions and governmental agencies in maintaining the compliance of a complex array of employer sponsored retirement plans such as 401(k), 403(b) and 457(b) plans, and in conducting due diligence on those benefit programs as a business is sold or acquired. We also represent businesses before the Employee Benefits Security Administration and the Internal Revenue Service in audit and correction procedures and proceedings involving those plans.

We assist businesses administering health and welfare plans and in interpreting COBRA eligibility and notice guidelines, with a respectful awareness of the ongoing revisions in the many federal laws that regulate this area of the law, such as ERISA, the Code, and the Affordable Care Act.

We work with clients to design and manage Section 409A-compliant nonqualified deferred compensation plans for executives and highly compensated employees. We assist in the design and management of bonus agreements, stock-based compensation arrangements, restricted stock, stock option and stock appreciation rights plans. We provide guidance on tax-favored programs, such as medical reimbursement plans, “cafeteria” plans, and dependent care assistance programs.

Advice and Counsel
We advise employers on employment-related statutes and regulations at the federal, state and local levels. Our goal is to work proactively to help our clients minimize conflicts in the workplace that may lead to costly litigation. We regularly advise colleges, universities, small and mid-size businesses and nonprofits in the following areas:

• preparation of employee handbooks and personnel policies
• drafting of employment offer letters and agreements
• managing leaves of absence and other time away from work under the FMLA, Pregnant Workers Fairness Act (PWFA) and related leave laws and policies
• compliance with wage and hour laws and regulations including the federal Fair Labor Standards Act (FLSA) and the New Hampshire wage statute, RSA 275
• addressing accommodation requests under the Americans with Disabilities Act (ADA)
• implementation of discipline and discharge procedures
• drafting of severance policies and separation agreements
• review of non-compete agreements

We also work closely with our corporate attorneys to address employment issues that frequently impact mergers and acquisitions.

Investigations
We counsel employers on and conduct  workplace investigations, including  in instances of alleged employee misconduct, including:

• allegations of harassment or discrimination
• compliance with corporate ethics and whistleblower policies
• workplace violence
• employee theft

Devine Millimet’s employment litigation team defends employers across the entire spectrum of  employment-related disputes. We regularly defend employers against employment discrimination, harassment and retaliation claims at the pre-complaint stage, as well as in the New Hampshire Human Rights Commission (HRC), and the Equal Employment Opportunity Commission (EEOC), and in the state and federal courts. We also represent employers against wage and hour complaints  before the U.S. and New Hampshire Departments of Labor and the state and federal courts. We also defend employers in disputes involving allegations of wrongful termination, constructive discharge, unfair competition, privacy, and shareholder disputes.