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Michael McNally focuses his practice in the areas of employee benefits and labor law. He is Co-Chair of the Firm’s Labor and Employment Law Section.

He regularly advises clients on the multitude of challenges that arise from the intersection of traditional labor law and employee benefits. His depth of experience and technical expertise in both labor and benefits law allows him to effectively assist clients in understanding the complex issues, developing strategies and, when needed, resolving disputes. The scope of his services extends from transactional and advisory to representation in arbitration and litigation.  He serves as Labor Counsel to the Sheet Metal and Air Conditioning Contractors National Association (SMACNA) and as General Counsel to the Finishing Contractors Association International (FCA).

Benefits

In his benefits practice he represents Board of Trustees on compliance and plan design issues, fiduciary duties, negotiating contracts with service providers, and in litigation. He has assisted plan sponsors of health and welfare plans on developing cost-effective plan design to provide high-quality health care to participants.  In retirement plans he has advised Boards of Trustees and bargaining parties with developing and incorporating into labor agreements funding improvement and rehabilitation plans required by the Pension Protection Act, along with changes introduced by The Multiemployer Pension Reform Act of 2014. He has also worked to implement innovative plan designs to mitigate future withdrawal liability risks to existing employers and entice new employers to participate in the plan.  He has also assisted clients in the development of legislative proposals regarding multiemployer pension plans.

He also has significant experience in withdrawal liability, having arbitrated disputes under the AAA procedures and litigated matters in federal court for clients in industries such as construction, retail, hospitality, energy, manufacturing, and transportation. He also advises clients in connection with withdrawal liability considerations in mergers, acquisitions and sales.  He also counseled closely held businesses on intergenerational succession planning and understanding the impact of withdrawal liability.

He also provides clients with general advice on their benefit plan design and compliance with the expansive ERISA, Internal Revenue Code and other federal statutory requirements. In the health benefits area, he has advised clients on all aspects of compliance with the Affordable Care Act, integration of medical savings accounts and strategies to maximize employee wellness.  He has also assisted clients with administrative aspects of retirement plans, including IRS audits, corrections through the IRS Employee Plan Compliance Resolution System, and freezing or terminating plans.  He has counseled clients on executive compensation planning and implementation including Code Section 409A compliance for non-qualified deferred compensation plans including supplemental executive retirement plans (SERPs), excess benefit plans, salary and bonus deferral arrangements, taxable expense reimbursement arrangements, change in control awards and retention agreements.

Labor

In his labor law practice he specializes on representation of clients in the construction industry. He serves as Labor Counsel to the Sheet Metal and Air Conditioning Contractors National Association (SMACNA) and as General Counsel to the Finishing Contractors Association International (FCA). Those roles have placed him at the forefront of national labor policy counseling and strategy development to expand, maintain and regain market share for signatory contractors.  He has worked on national labor agreements which directly impact negotiations in local areas throughout the United States, as well as specialty agreements.

He has represented clients before the National Labor Relations Board, in arbitration proceedings, and in state and federal courts. He regularly provides support to clients in collective bargaining, and leadership at the bargaining table.  He provides advice in the negotiation of project labor agreements and compliance with prevailing wage and Davis Bacon requirements.  He has advised clients on labor law considerations in connection with mergers, acquisitions and other business ventures.

Bar Admissions

  • Minnesota
  • New Jersey
  • U.S. District Court, New Jersey
  • U.S. Court of Appeals, Third Circuit
  • New York

Education

  • J.D., Seton Hall University School of Law, cum laude, 2006
  • B.S., University of Richmond, 2003

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