| Jennifer
Krengel has extensive expertise representing private and public employers
on employee benefit matters, including qualified retirement plans, nonqualified
deferred compensation plans and welfare plans. She advises employers
on all aspects of plan design and compliance under ERISA and the tax
Code, and regularly works with employers to correct plan failures through
the DOL and IRS voluntary correction programs. Clients value her
practical, solution-oriented approach to complex legal matters. She
is one of only a handful of attorneys in the region whose practice focuses
on benefits law.
Jennifer has particular expertise
helping employers navigate the intricate and ever changing web of deferred
compensation rules under Internal Revenue Code section 409A. She also
has significant experience with public employee benefit issues under
California law and CalPERS rules, including rules governing modification
and vesting of public employee benefits. Jennifer routinely prepares
403(b), 457(b) and 457(f) plans, and advises clients on fiduciary responsibilities
and prohibited transactions.
Jennifer's benefits practice
is complemented by her considerable knowledge of California and federal
employment law. Prior to focusing her practice on employee benefits,
Jennifer regularly counseled employers on wage and hour issues, leaves
of absence, unlawful harassment, discipline, termination and discrimination.
She continues to negotiate and draft executive employment agreements,
independent contractor agreements, severance agreements and confidentiality
agreements.
Jennifer serves on the Board
of Directors of the Western Pension & Benefits Conference Sacramento
Chapter and the Board of Directors of the Sacramento Zoo. She is a former
adjunct faculty member of McGeorge School of Law, where she taught Legal
Process, and California State University, Sacramento, where she taught
Human Resource Laws and Regulations.
EXPERIENCE
Assist clients with
employment benefit matters, including qualified retirement plans, nonqualified
deferred compensation plans and welfare plans.
Advise clients on
employment law issues, including wage and hour law, leaves of absence,
unlawful harassment, discipline, termination and discrimination.
Negotiate and draft
deferred compensation agreements, employment agreements, independent
contractor agreements, severance agreements and confidentiality agreements.
Draft and update
employment handbooks, and establish drug testing policies and procedures
under state and federal law (including Department of Transportation
regulations for commercial drivers).
Advise clients on
matters related to the formation, acquisition, operation and dissolution
of business entities.
Advise financial
institutions on privacy matters, including the Gramm-Leach-Bliley Act,
the Fair Credit Reporting Act and the California Financial Information
Privacy Act.
Advise financial
institutions on matters of regulatory compliance, lender liability,
bank operations and real estate financing.
Assist clients with
various aspects of mergers and acquisitions, including due diligence
review and preparation of related transactional documents.
Prepare loan documents
for real estate financing.
Register California
franchises.
MEMBERSHIPS
California
State University, Sacramento, Human Resources Laws and Regulations,
Former Faculty
McGeorge School of
Law, Former Adjunct Faculty Member for Legal Process
Sacramento County
Bar Association, Legislative Committee of Business Law Section, Member
and Past Vice-Chair
EDUCATION
University of California,
Davis School of Law (J.D., 1999)
Emory University,
Atlanta, GA (B.A., 1995)
PUBLICATIONS
Sacramento Area Human
Resource Association Newsletter, “Changes to 401(k) Rules: The Top Five
Things That You Should Know,” May 2006, Author
American Society
of Pension Professional and Actuaries, “IRS Issues Guidance on
Treatment of 457 Plans Sponsored by Federal Credit Union,” August 2005,
Co-Author
UC Davis Law
Review, Member
PRESENTATIONS
Downey
Brand LLP, “What Will They Think of Next: Changes in Employment Law
for 2008,” 2008, Presenter
Downey
Brand LLP, “A Human Resources Tool Box for Managers and Supervisors,”
2007, Presenter
Downey Brand LLP,
“2005 Legislative Update,” 2006, Presenter
Association of California
Water Agencies, Continuing Legal Education for Water Law Professionals,
“Employment Potpourri,” October 2005, Presenter
Association of California
Water Agencies, “2004 Employment Law Update,” 2004, Presenter
Downey Brand LLP,
“2003 Legislative Update,” 2004, Presenter
Council on Education
in Management, “Best Practices in FMLA Administration,” 2003, Presenter
Downey Brand LLP,
“2002 Legislative Update,” 2003, Presenter
Sacramento County
Bar Association, Business Law Section, “Annual Legislative Update of
California Business Law,” 2001 and 2002, Panelist
CHARITABLE
Sacramento Zoological
Society, Board Member
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