Gretchen Harders
Employee Benefits and Executive Compensation
Education:
University of Minnesota Law School, J.D. cum laude, 1997
University of Chicago, B.A., 1989
AWARDS and Recognition:
The Best Lawyers in America©: Employee Benefits (ERISA) Law (2014 to 2024)
New York Metro Super Lawyers: Employee Benefits, and Top Women Attorneys in New York (2013 to 2023)
The Legal 500 United States: Employee Benefits, Executive Compensation, and Retirement Plans: Design (2013, 2014, 2018, 2019, 2022)
Bar Admissions:
New York
Professional & Community Involvement:
Helene Fuld School of Nursing, Trustee
New York State Bar Association, Employee Benefits Committee, Tax Section
Gretchen is known as the lawyer that other lawyers ask for advice on employee benefits, pensions and executive compensation. Gretchen represents a varied list of clients, including financial service companies, entertainment industry clients, and tax-exempt organizations, and also actively represents individual executives in executive compensation matters. She also advises multinational employers on designing and implementing equity-based compensation packages to incentivize top-level executive.
Some of her focus areas include:
Executive Counselling, Contracts and Negotiations
Fund Carried Interests and Profits Interests
Law Firm Partner Benefits and Retirement Planning
Qualified and Non-Qualified Retirement Plans
Tax Exempt Organizations: Executive Compensation & Retirement Plans
Health and Welfare Plans
M&A Transactions: Employee Benefits Advice
Gretchen is a frequent speaker on various employee benefits issues and developments. She authors articles on timely ERISA and employee benefits law topics.
Additionally, Gretchen is a trustee of the Helene Fuld School of Nursing and an officer in the Rotary Club of the Palisades. Her interests include reading, playing piano, and coaching youth soccer.
Speaking Engagements
Let’s Get Clear on Employer Fiduciary Responsibilities, Webinar, July 2023
Employee Benefits and the Biden Administration, Webinar, February 2021
Podcast: Employers and the American Rescue Plan - Employment Law This Week® - #WorkforceWednesday, JDsupra®, April 2021
Publications
“Time for a Tune Up? Several New Reasons Employers Should Self-Audit Retirement Plans”, March 2024
“Benefits Guidance in the Time of COVID-19: Return-to-Work”, The National Law Review, May 2020
“May Employees Take Hardship Distributions Under Their 401(k) Plan? Benefits Guidance in the Time of COVID-19”, Workforce Bulletin, April 2020
“Good News for Retirement Plan Sponsors: IRS Issues Updated Guidance Enhancing Plan Correction Programs”, Workforce Bulletin, July 2021
Chapter 24, "Claims, Disputes, and Settlements," Section 409A Handbook (BNA Books, Fall 2010).
"Surprises for Publicly-Traded Multinational Employers: Complying with Section 409A of the U.S. Internal Revenue Code," International Legal News, Volume 5, Issue 2, Aug. 15, 2008
"Applying new US tax rules on deferred compensation to cross border arrangements," PLC Cross Border Employee and Labour Benefits Handbook 2007/8, with Howard Pianko, Sept. 13, 2007
"Cross-border employment contracts – practical considerations for the multinational employer," PLC Cross Border Employee and Labour Benefits Handbook 2006/7, with Howard Pianko, Aug. 10, 2006
"Employer Stock Funds in Corporate Transactions: Tax and ERISA Considerations," BNA Tax Management Compensation Planning Journal, Feb. 2004
"Employer Stock Funds in Corporate Transactions: Federal Securities Law Considerations," BNA Tax Management Compensation Planning Journal, April 2004