Employee Benefits

Cohen, Weiss and Simon LLP has a large and sophisticated practice representing union-affiliated pension, medical and other benefit plans, as well as training and apprenticeship plans.

Certain firm lawyers work full-time as employee benefits counsel, participating in plan trustee meetings, preparing plan documents, and providing day-to-day advice on plan administration, on fiduciary responsibilities and on compliance with ERISA, the Internal Revenue Code, and the numerous other laws that govern benefit plans.

Other attorneys routinely handle litigation on behalf of plans, defending against benefit claims and suing employers over delinquent contributions or withdrawal liability. We have particular expertise in litigating against employers who engage in double-breasted, non-union operations to avoid their obligations to contribute to a benefit plan. We also specialize in representing benefit plans when contributing employers have filed for bankruptcy.

In addition to serving as counsel to benefit plans, we help our union clients design and implement such plans, both for union members and union staff. During collective bargaining, we advise union clients on employee benefit proposals.

We also advise individual employee clients on benefit matters related to severance packages or employment contracts, and we bring suit against employer-sponsored plans that improperly deny benefits to their participants. In one class action, for example, the firm recovered millions of dollars owing to participants in an employer-sponsored pension plan.