Katherine Conklin
Member
New Orleanskconklin@mcglinchey.com
(504) 596-2876 (p)
(504) 596-2859 (f)
Labor and Employment
Katherine "Kathy" Conklin is a member in the firm's New Orleans office focusing on employee benefits in both the welfare and retirement benefit areas. Kathy assists numerous plan sponsors in their compliance with applicable laws, including the Internal Revenue Code, the Employee Retirement Income Security Act of 1974 (ERISA) and the Health Insurance Portability and Accountability Act (HIPAA). Kathy's work includes prohibited transaction consultation, fiduciary exposure with respect to plan investments, redesign and termination of plans for cost savings and negotiation of third-party service provider contracts. In addition to drafting all types of qualified plans and submitting such plans to the IRS for approval where applicable, Kathy has also done much work in the area of non-qualified plans, including executive deferred compensation and 457(f) plans.
In the welfare benefits area, Kathy has drafted medical benefits plans, cafeteria plans, health reimbursement arrangements, dependent care assistance plans and occupational injury plans, and she assists clients daily in administering these plans to comply with applicable laws, such as tax laws, ERISA and HIPAA. A particular area of expertise is compliance with the health continuation requirements of COBRA.
Kathy also advises clients on employment law compliance with laws such as the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act (ADEA) and other laws governing the workplace. She frequently assists employers in drafting severance agreements in compliance with the Older Workers Benefits Protection Act (OWBPA). Finally, Kathy assists employers to observe U.S. immigration laws when employing aliens to work in the U.S., which includes obtaining and renewing appropriate visas and work authorizations.
Admitted to Practice
- Louisiana
- United States District Court for the Eastern District of Louisiana
Education
- Tulane University Law School, J.D., 1983 (magna cum laude)
- Louisiana State University, B.A., 1980 (summa cum laude)
Professional Affiliations
- American Bar Association
- Association of Employee Benefits Planners
- Louisiana State Bar Association
- The New Orleans Bar Association
- New Orleans Estate Planning Council
Presentations
- "Employee Benefit Plans Update," Louisiana State Society of Certified Public Accountants Annual Meetin, June 2010
- "Estate Planning with Non-Probate Assets: Life Insurance, Annuities, Inter-Vivos Trusts, IRA's and Qualified Plans," New Orleans Annual Estate Planning Conference, Nov. 2007
- "HIPAA, Benefits and Privacy in the Workplace," New Orleans Bar Association – Nuts and Bolts: Employment and Labor Law Seminar for the Small Business and Sole Proprietor, Sept. 2007
- "Are You Liable for Plan Fees Charged to 401(k) Plans? Investment Duties Under Title I ERISA Plans," AICPA National Conference on Employee Benefit Plans, May 2007
- "Who Wants to be a COBRA Wiz," Smith Insurance Agency - COBRA Compliance in Administration, Sept. 2006
- "Keeping Retirement Plans Qualified in Form and the IRS Determination Letter Program," Society of Louisiana CPAs 2006 Business & Industry Conference, Sept. 2006
- "Coordinating Leaves of Absence: ADA, FMLA and Other Time Off," Lorman Educational Services - Elements of a Successful Human Resource Program in Louisiana, Sept. 2006
- "COBRA: New Notice Requirements and Problem Areas," McGlinchey Stafford - 2005 Executive Briefing, Oct. 2005
- "Complying With the New 409A Non-Qualified Deferred Compensation Rules," LCPA Business & Industry Conference, Aug. 2005
- "ERISA Disclosure & Claims Procedure Rules," The Methodist Hospital In-Service Training, July 2005
- "Complying With Section 409A Rules on Deferred Compensation: Don't Let Your Executives Get Burned," Louisiana Society of Human Resource Managers, June 2005
- "HIPAA Privacy," Loyola University New Orleans Annual Labor & Employment Law Seminar, Nov. 2004
- "How to Avoid Fiduciary Breaches Under ERISA," Association of Corporate Counsel - Louisiana Chapter and Loyola University School of Law - Corporate Attorneys and In-House Counsel, Oct. 2004
- "Use of Trusts in Non-Tax Estates: Creditor Protection, College Savings via Section 529 Plans, Use of Trusts for Retirement Accounts," LSU Paul M. Hebert Law Center 32nd Annual Estate Planning Seminar, Sept. 2004
- "HIPAA Privacy and Security Rules for Banks," Louisiana Bankers Association 2004 LBA Human Resources and Security Conference, July 2004
- "Implementing Plan Terminations," Association of Employee Benefit Planners, June 2004
- "Severance Packages and ADEA Waivers," McGlinchey Stafford - 2004 Executive Briefing, March 2004
- "HIPAA Privacy Rules for Employment Attorneys," Paul M. Hebert Law Center Current Developments in Labor & Employment Law, March 2004
