Executive Compensation & Employee Benefits
Tonkon Torp helps organizations navigate the complex world of employee benefits and executive compensation. Our attorneys can assist in the design and implementation of effective plans, programs and individual agreements that meet legal requirements, and that reflect current best practices. We have experience working with businesses across a variety of industries and we understand the specific management needs of all business types — privately held, publicly traded and nonprofit. Our attorneys stay up-to-date on legislation and regulations, advising employers on how to plan for and best address compliance issues.
Tonkon Torp’s executive compensation and employee benefits attorneys assist clients with performance-based incentive programs, equity-based plans, tax-qualified retirement plans, and supplemental retirement plans. We work closely with client management and human resource teams to design optimal programs, prepare required documents and advise on ongoing administration or termination of complex programs.
When compensation and benefits matters are triggered during mergers, acquisitions, divestitures and other major business transactions, we guide clients in protecting their interests and ensuring the integrity of the transactions. Clients faced with benefits-related litigation, including claims under ERISA, also have access to Tonkon Torp's labor and employment litigation team for counsel and effective, experienced representation.
Our experience covers a range of matters, including:
Tonkon Torp’s executive compensation and employee benefits attorneys assist clients with performance-based incentive programs, equity-based plans, tax-qualified retirement plans, and supplemental retirement plans. We work closely with client management and human resource teams to design optimal programs, prepare required documents and advise on ongoing administration or termination of complex programs.
When compensation and benefits matters are triggered during mergers, acquisitions, divestitures and other major business transactions, we guide clients in protecting their interests and ensuring the integrity of the transactions. Clients faced with benefits-related litigation, including claims under ERISA, also have access to Tonkon Torp's labor and employment litigation team for counsel and effective, experienced representation.
Our experience covers a range of matters, including:
- Stock-based compensation plans
- Tax-qualified retirement plans
- Non-qualified deferred compensation and supplemental retirement plans
- Health and welfare benefits plans, including compliance with ERISA, HIPAA, COBRA and other statutes
- Cafeteria plans and fringe benefits plans
- Change of control and severance plans and agreements
- 403(b) and 457 plans for nonprofit organizations
Attorneys
Tonkon Torp Guides Pacific Foods through Oregon’s Largest Acquisition of 2017
Tonkon Torp led Oregon's largest M&A transaction in 2017, the $700 million acquisition of Tualatin-based Pacific Foods of Oregon LLC by Campbell Investment Company. Pacific Foods is an iconic, nationally distributed organic food brand founded in 1987.
8.26.2020
What Does the Trump Order on Tax Deferrals Mean for Employers?
On August 8, 2020, President Trump issued an Executive Order directing Treasury Secretary Mnuchin to allow employers a temporary deferral on withholding, collecting, and remitting certain employment taxes. This is not a tax forgiveness, at least at…
9.18.2017
The Fleischer Case: IRS Challenges Ahead for Insurance Producers?
A 2017 Tax Court decision, Fleischer v. Commissioner, may call into question a tax planning strategy commonly used by commissioned brokers and salespersons in many industries. This Alert looks at the impact of the decision on insurance brokers and…
9.1.2017
Federal District Court Invalidates the DOL's Overtime Rules
A federal judge in Texas issued an order on August 31, 2017, invalidating the Final Rule to the so-called "White Collar Exemptions" promulgated by the United States Department of Labor (DOL).
Under the Final Rule, the minimum salary level for exempt…
6.13.2017
Oregon Equal Pay Act of 2017 – What Should Employers Be Doing Now?
On June 1, 2017, the Governor signed into law the Oregon Equal Pay Act of 2017 (the Act), expanding the current law's protection against wage disparities among employees. Currently, Oregon prohibits discrimination "between the sexes in the payment of…
4.7.2017
DOL Fiduciary Rule Delayed for 60 Days
Today, April 7, 2017, the Federal Register published the U.S. Department of Labor's (DOL) final rule extending the applicability date of the ERISA Fiduciary Rule from April 10, 2017 to June 9, 2017. A copy of the final rule is available here. Other…
3.17.2017
Temporary Guidance for Fiduciary Rule Compliance
On Friday, March 10, 2017, the Department of Labor (DOL) issued a field assistance bulletin (FAB) adopting a temporary enforcement policy regarding compliance with the ERISA Fiduciary Rule. The ERISA Fiduciary Rule is set to go in effect on April 10…
11.23.2016
Federal Judge Halts DOL's New Overtime Rules
On November 22, 2016, a federal judge in Texas issued a preliminary injunction halting the United States Department of Labor (DOL) from implementing and enforcing its new rules related to the so-called "White Collar Exemptions," which were to be…
9.14.2016
DOL Major Changes to Fiduciary Investment Adviser Definition and Prohibited Transaction Exemptions - Part 3
On April 6, 2016, the U.S. Department of Labor (the "DOL") issued final regulations expanding the definition of who is a fiduciary and what constitutes fiduciary advice to ERISA-covered employee benefit plans, as well as a new fiduciary adviser…
5.9.2016
Major Changes to DOL Fiduciary Investment Adviser Definition and Prohibited Transaction Exemptions
On April 6, 2016, the U.S. Department of Labor (the "DOL") issued final regulations redefining fiduciary investment advice for ERISA-covered employee benefit plans and individual retirement accounts ("IRAs"). The final rule significantly expands the…
4.21.2016
Employers Can't Discontinue Health Insurance During OFLA Leave
With so many sweeping changes to Oregon employment laws taking effect in 2016, one minor but important change to OFLA has the potential to be overlooked. Until this year, employers were free to cease providing employment benefits if an employee was…
8.24.2020
Kate Roth Joins Tonkon Torp from U.S. Tax Court
Tonkon Torp LLP welcomes Kate Roth to the firm as an associate in its Tax and Executive Compensation & Employee Benefits practice groups. Roth joins the firm from the United States Tax Court where she was a judicial law clerk for the Honorable…
8.20.2020
Best Lawyers in America® Includes 49 Tonkon Torp Attorneys on 2021 List
Forty-nine Tonkon Torp lawyers representing 36 practice areas have been selected for inclusion in The Best Lawyers in America® 2021. A majority of attorneys have been named to the peer-review list in past years, and most have been recognized for more…
11.4.2019
Tonkon Torp Practice Areas Ranked in 2020 U.S. News "Best Law Firms" Publication
U.S. News – Best Lawyers® has released its 2020 edition of "Best Law Firms." Tonkon Torp is once again ranked among the nation's best for six business law service categories including Land Use & Zoning Law, Securities Regulation, Commercial…
8.15.2019
2020 List for Best Lawyers in America® Includes 48 Tonkon Torp Attorneys
Forty-eight Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2020. A majority of attorneys have been named to the list in past years, and most have been recognized for more than five…
11.2.2018
Tonkon Torp Practice Areas Ranked in 2019 U.S. News "Best Law Firms" Publication
U.S. News – Best Lawyers® has released its 2019 edition of "Best Law Firms." Tonkon Torp is once again ranked among the nation's best for six business law service categories including Land Use & Zoning Law, Securities Regulation, Commercial…
8.17.2018
Best Lawyers in America® Names 51 Tonkon Torp Attorneys to 2019 List
Fifty-one Tonkon Torp lawyers representing 41 practice areas have been selected for inclusion in The Best Lawyers in America® 2019. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years
11.1.2017
Tonkon Torp Practice Areas Ranked in 2018 U.S. News "Best Law Firms" Publication
The U.S. News & World Report Best Lawyers has released its 2018 edition of "Best Law Firms" and Tonkon Torp is once again ranked among the nation's best for a broad swath of business law services including Land Use & Zoning Law, Commercial Litigation…
8.16.2017
Best Lawyers in America® Names 49 Tonkon Torp Attorneys to 2018 List
Forty-nine Tonkon Torp lawyers representing 39 practice areas have been selected for inclusion in The Best Lawyers in America® 2018. Nearly all attorneys have been named to the list in past years, and have been recognized for more than five years…
1.13.2017
Michael Millender Reviews Incentive Compensation at January Tonkon Talk
At the January 4 Tonkon Talk, attorney Michael Millender spoke to startup companies about incentive compensation plans. He covered stock option and phantom stock plans, restricted stock awards, and factors a company should consider in choosing an…
8.15.2016
Best Lawyers in America® Names 44 Tonkon Torp Attorneys to 2017 List
Forty-four Tonkon Torp lawyers representing 38 practice areas have been selected for inclusion in The Best Lawyers in America® 2017. Each attorney has been named to the list in past years, and nearly all have been recognized for more than five years…