AFFORDABLE CARE ACT

Marathas Barrow Weatherhead Lent LLP (“MBWL”) works with employers, vendors, brokers and consultants providing the very best in Affordable Care Act (“ACA”) assistance. Few lawyers in the country today can claim to have assisted more companies with ACA compliance than MBWL. Our services have been provided to thousands of employers, vendors and advisors from Maine to Southern California to Alaska to Florida and everywhere in between. Our lawyers have literally written the book on ACA compliance. 

Our services include:
  • All aspects of ACA compliance review and assistance;
  • Applicable Large Employer Determinations;
  • Controlled Group Analysis;
  • ACA Reporting Assistance (B-Series and C-Series Forms 1094 and 1095);
  • Pay-or-Play assessment and design assistance;
  • Hourly and variable hour determination and recordkeeping assistance; and
  • Vendor contract review.

For more information, please contact Peter Marathas (pmarathas@marbarlaw.com) or Stacy Barrow (sbarrow@marbarlaw.com).

EMPLOYMENT COUNSELING AND COMPLIANCE

Marathas Barrow Weatherhead Lent LLP provides day-to-day counseling, legal advice and training to all types of employers, from start-ups to multinationals, privately held and public companies, tax-exempt and governmental employers.  Our employment lawyers are ready to assist our clients with employment law issues across the country and around the globe.

Services include:
  • Advice on hiring, disciplining and firing;
  • Draft and negotiate employment, severance, change in control and other employment-related agreements;
  • Use and classification of independent contractors;
  • Development and maintenance of employee handbooks, policies, procedures and other employee communications;
  • Advice on all employment related issues, including but not limited to advice on the ADA, FMLA, ADEA, WARN, FLSA, Title VII, OSHA, USERRA, GINA, PDA, OWBPA, NLRA, FCRA and USERRA;
  • Guidance on reductions in force, plant closings and relocations;
  • Assistance with employment and labor related issues in corporate mergers and acquisitions and financings;
  • Perform audits for compliance with state and federal employment laws;
  • Provide training on all employment law issues including sexual harassment and other training; and
  • Assistance with wage and hour issues.

For more information, please contact Tom Lent (tlent@marbarlaw.com) or Steve Weatherhead (sweatherhead@marbarlaw.com).

EMPLOYMENT LITIGATION

Marathas Barrow Weatherhead Lent LLP represents our privately held and public company, tax-exempt and governmental employers in all employment litigation matters.  Our employment lawyers are licensed to practice in Massachusetts, Maine and New Hampshire; admitted to practice in all of the federal and state courts in Massachusetts, Maine and New Hampshire, as well as in DC, Illinois, Florida, Georgia and Pennsylvania, and before the U.S. Court of Appeals for the 1st and 11th Circuits and the D.C. Courts of Appeals and the Federal District Court of Colorado.  Through our network of local counsel we stand ready to assist our clients with employment litigation issues across the country and around the globe.  

Services include:
  • Represent employers in all state and federal courts and in matters concerning all states Attorneys General;
  • Represent employers in actions brought by federal agencies, including:
  • the Equal Employment Opportunity Commission (EEOC)
  • the Occupational Safety and Health Administration (OSHA)
  • the U.S. Department of Labor (DOL),
  • the Internal Revenue Service (IRS), and
  • other federal agencies
  • Represent employers in administrative proceedings before all state agencies, including:
  • the Massachusetts Commission Against Discrimination (MCAD)
  • the Massachusetts Division of Unemployment Assistance
  • the Massachusetts Department of Industrial Accidents
  • the New Hampshire Commission for Human Rights (NHCHR)
  • the Connecticut Commission on Human Rights and Opportunities (CHRO)
  • the Maine Human Rights Commission (MHRC)
  • the City of New York Commission on Human Rights (NYC), and
  • the New York State Division of Human Rights (NYSDHR)
  • Assist in alternative dispute resolution, including mediation and arbitration.

For more information, please contact Tom Lent (tlent@marbarlaw.com) or Steve Weatherhead (sweatherhead@marbarlaw.com).

GENERAL LITIGATION

Marathas Barrow Weatherhead Lent LLP is committed to the successful, timely and cost-effective resolution of legal disputes on behalf of its clients, which include large and small businesses from a wide range of industries as well as individuals.  Our lawyers have years of experience litigating business disputes in a wide variety of subject matter areas, including:

  • Contractual issues
  • Intellectual property disputes
  • Close corporation and partnership management or operational disputes
  • Breach of fiduciary duty and fraud claims
  • ERISA disputes
  • Unfair and deceptive trade practices issues
  • Real estate disputes including breaches of leases and commercial evictions
  • Debtor-creditor issues
  • Internal investigations
  • Professional malpractice
  • Misappropriation and misuse of confidential information
  • Insurance coverage
  • False claims litigation

We also have extensive experience with various forms of alternative dispute resolution, including arbitration and mediation, for those circumstances when litigation may not be the best method to resolve legal disputes.

For more information, please contact Tom Lent (tlent@marbarlaw.com).

ERISA COMPLIANCE & EMPLOYEE BENEFITS

Marathas Barrow Weatherhead Lent LLP works with plan sponsors and vendors on ERISA Compliance, and plan implementation and maintenance of Employee Benefits Programs. Services include:

Retirement Plans
  • Design, draft and implement retirement plans (e.g., 403(b), 457(b), 401(k), Money Purchases Pension Plans, ESOPs, etc.)
  • Review Prototype and Volume Submitter Plans and Related Documents
  • Assist with employee benefit claims
  • Obtain determination letters, VCP letters and other rulings from the IRS
Health and Welfare Plans
  • Affordable Care Act Assistance
  • Design, draft and implement welfare plans (e.g., group health, severance, HRA, Flex, Dental, Vision, Life, etc.)
  • Conduct HIPAA Privacy Audits and assist with HIPAA compliance
  • Prepare Wraps, Summary Plan Descriptions (SPDs), HRA and Flex Plan Documents and Participant Communications
  • Provide Wellness Program Design and Documentation
  • Assist with benefit claims disputes

For more information, please contact Peter Marathas (pmarathas@marbarlaw.com) or Stacy Barrow (sbarrow@marbarlaw.com).

EXECUTIVE COMPENSATION

Marathas Barrow Weatherhead Lent LLP works with its corporate, tax-exempt and governmental clients, and individual executives with respect to all aspects of executive compensation.

Services Include:
  • Design and counsel on executive employment, change in control, retention and separation arrangements, equity-based compensation programs, annual and long term incentive plans, nonqualified supplemental executive retirement programs and excess benefit and deferred compensation plans
  • Provide advice and counsel on Code Sections 409A, 280G, 162(m) and other tax laws applicable to compensation arrangements
  • Advise publicly traded C-Suites and Board on fiduciary and governance matters involving executive compensation
  • Negotiate executive agreements (employment, termination, change in control, etc.)
Health and Welfare Plans
  • Affordable Care Act Assistance
  • Design, draft and implement welfare plans (e.g., group health, severance, HRA, Flex, Dental, Vision, Life, etc.)
  • Conduct HIPAA Privacy Audits and assist with HIPAA compliance
  • Prepare Wraps, Summary Plan Descriptions (SPDs), HRA and Flex Plan Documents and Participant Communications
  • Provide Wellness Program Design and Documentation
  • Assist with benefit claims disputes

For more information, please contact Peter Marathas (pmarathas@marbarlaw.com).

CONSULTANT/BROKER COMPLIANCE SERVICES

Marathas Barrow Weatherhead Lent LLP works with group health insurance brokers and human capital consultants using a sophisticated, retainer-based program to support them with their compliance support of their clients.  MBWL invented the compliance solution for brokers, advisors and professionals.  We provide unique and highly responsive and successful in-house compliance services that others have attempted to imitate without success.

Services Include:
  • Timely Q&A support offering up-to-date compliance responses by real, practicing lawyers on Affordable Care Act, general benefits and employment matters
  • Client direct support for compliance and documentation needs (Wrap/SPD/Plans, etc.) at subscriptions prices
  • Affordable Care Act Assistance
  • Content for newsletters, alerts, electronic distribution
  • Code Section 105(h) Nondiscrimination Testing
  • Form 5500 filing assistance
  • Seminar and webinar presentations
  • Diligence and other transactional assistance

For more information, please contact Peter Marathas (pmarathas@marbarlaw.com) or Stacy Barrow (sbarrow@marbarlaw.com).

LAW FIRM SERVICES

Marathas Barrow Weatherhead Lent LLP works with its small- to mid-sized law firms by offering day-to-day and transactional assistance on Executive Compensation and Employee Benefits matters (as well as Employment Matters).

Services Include:
  • Provide advice to law firms with respect to the benefit and compensation arrangements they provide to their partners, associates and staff members;
  • Co-counsel services for law firm clients with respect to:
  • The design, implementation and maintenance of qualified and non-qualified retirement and welfare plans
  • The Affordable Care Act, HIPAA, COBRA and other federal laws
  • The design and implementation of option, restricted stock, profits interests and other equity arrangements
  • Performance of due diligence in corporate transactions
  • Negotiation of benefits and compensation provisions in corporate transactions
  • Providing Code Section 409A, 162(m), 280G assessments and solutions
  • Assistance in the negotiation of employment, severance and other agreements

For more information, please contact Peter Marathas (pmarathas@marbarlaw.com) or Tom Lent (tlent@marbarlaw.com).