Daniel N. Kuperstein
Dan focuses his practice on the representation of management in labor and employment and employee benefits matters. His work includes:
- Advising employers and pension plans on issues regarding withdrawal liability, plan funding, plan investments, plan mergers, fiduciary liability, prohibited transactions and issues arising from IRS and DOL audits and investigations of employee benefit plans
- Advising parties to mergers and acquisitions on pension liabilities, ERISA “4204” transactions, and severance and other compensation plans for affected employees
- Advising employers and employee benefit plans on COBRA, HIPAA and GINA compliance, the impact of the Patient Protection and Affordable Care Act, ERISA insurance subrogation issues and other health care-related laws
- Reviewing wellness plans, health risk assessments and other employee health testing programs
- Advising plan sponsors, plan fiduciaries, broker-dealers and investment advisors on ERISA fee disclosure rules
- Drafting, reviewing and revising plan documents and amendments, participant disclosures, plan communications, fee disclosures and separation/release agreements
In Dan’s labor and employment practice, he advises employers on compliance with federal and state wage and hour and payroll laws, federal and state WARN compliance and RIF-related issues. In addition, he drafts, reviews and revises employee handbooks, benefits and wage and hour/payroll policies, employment applications, FMLA-related communications, separation/release agreements and non-compete and other employment agreements.
Dan also lends his knowledge to the firm's Health Care Reform Working Group, which is designed to help clients sort through the myriad of issues and changes stemming from the Patient Protection and Affordable Care Act and the Health Care and Education Reconciliation Act of 2010.
Before Fox RothschildWhile at Hofstra University School of Law, Dan was the Managing Editor of Articles for the Hofstra Labor & Employment Law Journal.
Client ResourcesEmployee Benefits Blog
Dan contributes to this blog, which provides updates and commentary on various topics specific to the interaction between employee benefits and human resources, with an eye toward topics salient to the administration of employee benefit programs in conjunction with employment concerns. It is essential to keep current on the changes in the law (and, in some instances, case decisions) that directly impact benefits plan administration - including the ever-changing "reasonable person" standard under ERISA. Any professional who actively participates in the administration of plans and has questions regarding the current state of the law and the interaction of the law with human resource obligations will find this forum helpful.
Honors and Awards
• Burton Award for Legal Achievement for excellence in legal writing (2008)