Administering benefits to employees properly can be complex at times. Many payroll service companies, such as ADP, Paychex, Paycor, Payroll 1, and others offer HR solutions to go along with their accounting and bookkeeping services. These can be helpful with paperwork and other simple tasks, but are rarely valuable if you have a genuine question of law. Given that there are so many regulations facing employers in the current climate, an employer can never be too careful. Instead of executing a long and expensive contract with an large servicer who is not licensed to give legal advice, consult with an experienced benefits attorney at Schaeffer Law. We will advise on matters on a per-question basis whenever an issue is ripe. In addition, we can help you set up an efficient system of administering benefits to your employees within the scope of applicable state and federal laws.
The benefit administration attorneys at Schaeffer Law have experience in the corporate environment, and are familiar with the challenges that Human Resources managers, benefits coordinators, and company owners may face on a regular basis. Whether you have a question about offering COBRA in a unique circumstance or are unsure whether a particular scenario calls for certain ADA or FMLA protections, we can help.
Breach of Fiduciary Duty
Facing a breach of fiduciary claim as a trustee or plan administrator can be stressful. It is important to have qualified counsel defending you. You do not have to be a trustee or a plan administrator to be sued for a breach of fiduciary duty. Under the Employee Retirement Income and Security Act (ERISA) the test for being a fiduciary is a functional test, that is to say, did you exercise any discretion over the management of the plan or the spending or investment of plan assets? If you did, then you became a fiduciary for that purpose.
You may be covered by fiduciary insurance which will pay for the costs of a defense. The duty of the insurance carrier to defend against the claim is generally broader broader than the obligation to pay for a breach of fiduciary duty. This issue may arise when a fiduciary is sued for an alleged breach of the duty while the claim is really for a simple denial of a benefit.
Contact an experienced Benefit Administration Attorney to discuss your scenario.