Morris’s practice is focused on employee benefits and executive compensation matters. He assists employers with plan design and compliance for both qualified and nonqualified plans, including 401(k) plans, cash balance plans, and traditional defined benefit pension plans, as well as executive compensation and welfare benefit plans. He has served as benefits counsel on numerous transactions on both the seller and buyer sides and also counsels non-profit organizations on the design and administration of 403(b), 457(b), and 457(f) plans.
In addition to his benefits practice, Morris advises employers on day-to-day employment matters and compliance with federal and state employment laws. He also represents employers in workers’ compensation matters throughout Ohio.
Experience
Employee Benefits Plan Design and Compliance:
- Advising on and drafting deferred compensation agreements to ensure Section 409A compliance for private sector employers and Section 457(b) compliance for non-profits.
- Counseling employers on compliance issues regarding qualified and non-qualified pension plans, health and welfare plans, and 401(k) and 403(b) plans.
- Advising employers on numerous compliance issues under the ACA, including obtaining a 90% reduction in an ESRP penalty for an employer after submission of a position statement to the IRS.
- Advising employers on multi-employer plan issues, including plan terminations, withdrawal liability, and critical status matters.
- Drafting summary plan descriptions, plan amendments, material modifications, and other notice requirements.
- Serving as Benefits Counsel (seller-side and buyer-side) on numerous transactions.
Employee Benefits Litigation:
- Representing employers/plan sponsors in ERISA breach of fiduciary duty claims.
- Prevailed in arbitration on behalf of a construction company in a withdrawal liability dispute over whether the company met the construction industry exception under Section 1383 of ERISA.
- Represented a major Cleveland bulk food distributor that withdrew from a multiemployer pension plan in a dispute over the proper calculation of its withdrawal liability, resulting in a $7 million reduction in liability.
- Achieved a successful resolution for a privately-owned steel manufacturer in a breach of fiduciary duty claim against a former corporate officer and a related ERISA claim by the former corporate officer seeking payment of benefits allegedly owed under a top-hat plan.
Employment Law Compliance:
- Counseling employers on all aspects of employment law, including ADA, ADEA, FMLA, FLSA, the WARN Act, COBRA, Title VII, and immigration compliance matters.
- Assisting national employers in day-to-day employment matters and compliance with federal and state employment laws (including California and New York).
- Preparing numerous employee handbooks and updating employment policies (including state-specific policies).
- Conducting training sessions for HR representatives and front-line supervisors on proper evaluation of employee performance, documentation of substandard performance, legal obligations regarding employee sick leave, social media policies, among other topics.