José Jara is experienced in employment and employee benefits law. In the field of employee benefits law, he provides innovative solutions to his clients by incorporating into his guidance a business and practical perspective.
José has extensive experience in:
- Guiding plan sponsors and fiduciaries through U.S. Department of Labor (DOL), Employee Benefits Security Administration (EBSA) – audits and investigations; and Office of the Solicitor – lawsuits;
- Defending fiduciaries and boards of directors against ERISA class action litigation alleging breach of fiduciary duty (imprudent investments, employer stock, cash balance, excessive fees, delinquent employee contributions, ESOPS);
- Advising on fiduciary responsibilities, plan fees and expenses, plan asset regulations, and ERISA prohibited transactions and exemptions;
- Correcting retirement plan errors under: the Internal Revenue Service, Employee Plans Compliance Resolution System (EPCRS), fiduciary violations under the DOL Voluntary Fiduciary Correction Program (VFCP), Annual Reporting failures under the DOL Delinquent Filer Voluntary Compliance Program (DFVCP); and
- Handling Withdrawal Liability Arbitrations and advising on Controlled Group and Affiliated Service Group, Plan Funding, and PBGC issues.
In the professional liability insurance arena, Jose advises on D&O, Fiduciary, and EPL insurance issues. As a former claims director at a major insurance carrier, he fully understands the triad relationship between the law firm, the client, and the insurance carrier and in litigation matters manages the relationships to produce optimal results for the trio involved. He has also acted as monitoring counsel and coverage counsel. Jose has provided advice to underwriters on a variety of provisions of the insurance policy and taught underwriters on spotting red flags and mitigating risks.
José's experience extends to advising his clients on a myriad of labor and employment issues, including, but not limited to: discrimination, retaliation, wrongful termination, restrictive covenants, exempt and non-exempt employees, over-time, and sexual harassment. He has also drafted employee handbooks and executive compensation agreements.
