José M. Jara concentrates his practice in ERISA and labor and employment matters. Mr. Jara has over 20 years of experience representing corporations, tax-exempts, associations, pension funds, boards of trustees, multiple employer plans, multi-employer plans and individuals in the areas of employment, ERISA, and employee benefits law. Mr. Jara’s practice includes representing clients under investigation by the Department of Labor, Employee Benefits Security Administration, and defending clients from lawsuits filed by the Department of Labor, Office of the Solicitor, regarding civil and/or criminal violations of ERISA. He has defended fiduciaries and boards of directors against ERISA class action litigation alleging breach of fiduciary duty, including imprudent investments, employer stock, excessive fees, delinquent employee contributions, and improper valuation of employee stock. In addition, he advises plan sponsors and fiduciaries on fiduciary responsibilities, plan fees and expenses, plan asset regulations, and ERISA prohibited transactions and exemptions.
Mr. Jara’s counsel in such diverse matters also includes working with clients to correct retirement plan errors under the Internal Revenue Service, Employee Plans Compliance Resolution System, fiduciary violations under the Department of Labor Voluntary Fiduciary Correction Program, and annual reporting failures under the Department of Labor Delinquent Filer Voluntary Compliance Program.
Mr. Jara assists clients with professional liability insurance matters, providing counsel on D&O, Fiduciary, and EPL insurance issues. He also serves as monitoring counsel and coverage counsel, and provides advice to underwriters on a variety of provisions of the insurance policy.
As a member of the Labor & Employment Practice Group, Mr. Jara also focuses on assisting clients in matters regarding discrimination, retaliation, wrongful termination, restrictive covenants, exempt and non-exempt employees, over-time, and sexual harassment. Additionally, he drafts employee handbooks and executive compensation agreements.
Jose has experience in the following areas:
Employee benefits and incentives, Employment / labour (general), Employment / labour law and pensions, Pensions
Jose has previously helped clients in the following industries:
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