Employee Benefits & Compensation 

M. Rogan Morton has been representing clients in employee benefits (including health and welfare arrangements, qualified retirement plans, equity compensation arrangements and executive compensation) for over 20 years by combining practical experience with cutting edge knowledge technology.

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High-quality and efficient service for both public and private sector employers of all sizes at competitive rates.  Rogan has represented clients ranging in size from small private companies to publicly traded and Fortune 500 companies, including advice on matters such as:

• Day-to-day support for in-house benefits personnel regarding plan transactions, communications, claims, and contractual relationships with service providers.

• Advice on regulatory compliance concerns, such as the Internal Revenue Code and ERISA, COBRA, HIPAA, PPACA (the Patient Protection and Affordable Care Act as amended - aka Health Care Reform) and other regulatory requirements as they apply to employee benefit arrangements and employers.
  

• Assistance with regulatory and operational compliance audits, correction of plan errors, and filings with the IRS and other governmental agencies regulating employee benefit plans.
  

• Assistance with plan drafting for all types of benefit arrangements as well as working with consultants, actuaries and other service providers for cost-effective results.
  

• Advice on reporting and disclosure requirements as well as testing and plan transaction requirements.
  

• Consulting regarding the implementation, operation and design of employee benefit arrangements.
  

• Addressing employment and labor issues that may impact employee benefit arrangements as well as day-to-day employment and labor advice associated with human resource activities.

• Consulting to create a "plan of action" to address compliance and operational issues impacting various employee benefit arrangements.
  

• Advice on fiduciary responsibility, the application of the exclusive benefit rule and prohibited transactions and applications for exemptions as well as other government related filings and applications.
  

• Addressing withdrawal liability and minimum funding requirements and associated PBGC and labor issues and negotiations.
  

• Benefits-related litigation and arbitration.
  

• Performing due diligence concerning benefit arrangements in mergers and acquisition situations.
  

• Consulting concerning transition planning for benefit arrangements due to corporate transactions and/or legal/regulatory changes.
  

• Representing entities before the United States Department of Labor, Health and Human Services and the Internal Revenue Service (among others).

Human Resources Law for Employers of All Shapes and Sizes

We focus our practice on areas impacting human resources, including employment & labor, employee benefits and executive compensation.

Trainings & Presentations

• Health Care Reform After the Supreme Court Decision:  Key Implementation Considerations and Action Steps
  

• Addressing 2011 Issues While Keeping An Eye Out for 2012 (and don't forget to tie-up a few loose ends from 2010).
  

• Creating an HR Strategy For 2011 and Beyond.
  

• EEO and Harassment Training.
  

• Employment Policies and Procedures.
  

• Health Care Reform For Employers.
  

• HR and Employee Benefits Issues Update 2010.
  

• QDROs and QMCSOs.
  

• COBRA - Common Issues and Concerns.
  

• Employment and Benefit Concerns With Employee Communications.
  

• The Basics of Employee Benefits and Employment & Labor for General Practitioners and Business Lawyers. 
  

• Recordkeeping - Employment and Benefit Concerns.
  

• Workplace Violence - Practical and Legal Considerations.
  

• Employment Related Records and Recordkeeping.
  

• Contributing author to Daily Record articles regarding the Fair Credit Reporting Act and the Health Insurance Portability and Accountability Act of 1996.
  

• Pitfalls of Hiring and Firing, SHRM New York State Conference.
  

• Common Errors When Terminating Employees.
  

• Working with the New Form 5500s.
  

• Employment Issues In The Electronic Workplace.
  

• Are You Providing Employee Benefits in a Discriminatory Manner?
  

• ERISA Disclosure and Reporting Compliance Basics.
  

• Quoted in Business First of Buffalo 5.8.2009, Lost Benefits Rarely Come Back.
  

• 401(k) Administration:  Basics and Beyond.
  

• Employee Benefits, Employment and Labor Update 2011.
  

• EEO Training and Compliance.
  

• Employee Benefits in Labor Negotiations.
  

• Issues Surrounding the Revised EEO-1.
  

• Severance Pay and 409A.
  

• Determinable Benefit Issues and Concerns.
  

• Employment and Benefit Concerns Surrounding Misclassified Employees.

Employment & Labor

Rogan also uses her creativity, passion and flexibility to counsel and defend public and private sector employers with regard to employment and labor concerns, including union and non-union environments, such as:

• Employment discrimination and wage and hour disputes.
• Employment practices and training.
• Policy & document preparation.
  
• Legal audits.
  
• Wrongful discharge.
  
• Employment-related litigation and arbitration.
  
• Employment contract and collective bargaining.
  
• Preventative advice and counseling to resolve conflicts.
  
• Performing due diligence concerning employment and labor policies & procedures in mergers and acquisition situations.
  
• Consulting concerning transition planning for employment and labor policies and procedures due to corporate transactions and/or legal/regulatory changes.
  
• Draft and review employee policies and communications.
  
• Restrictive covenant advice, such as:
  • Non-compete
  • Non-solicitation
  • Trade secret
• Advice on leaves of absence and accommodation issues.
  
• Wage-and-hour compliance.
  
• Representation before the NLRB.
  
• Grievances and arbitration representation and advice.
  
• Occupational safety and health citation appeals.
  
• Affirmative action compliance.
  
• Consulting to create a "plan of action" to address compliance and audit issues impacting various employment policies and procedures.
  
• Proceedings before EEOC, state and local agencies.
  
• Litigation defense.

Buffalo and Williamsville, New York

M. Rogan Morton, Esq.,

Attorney and Counselor at Law

Headquarters:

21 Rugby Road, Suite 300

Buffalo, New York  14216

Williamsville Office:

5500 Main Street, Suite 343

Williamsville, NY 14221

Hamburg Office:

Appointments available upon request.

List of Documents Created/Tailored for Client Purposes

• Harassment policies/procedures.
  
• Employment handbooks and manuals.
  
• Various employment agreements, such as non-competes, non-solicitation, confidentiality, employment arbitration, severance and general employment agreements.
  
• WARN (federal and state) notices, plans and opinions.
  
• OSHA, COBRA, HIPAA, ERISA forms, policies and procedures.
  
• Various employment policies such as workplace violence, drug-testing, leaves of absence, electronic communications and social media.
  
• Employment communications such as offer letters, recruiting, applications, performance evaluations, notices used for disciplinary purposes and postings.​