Josephine Harvey doesn’t shy away from a challenge. Her practice covers a broad range of complex topic areas, with a particular focus on executive compensation and compliance matters. Her work experience also includes ESOPs and other tax-qualified defined contribution plans, tax-qualified defined benefit plans, and welfare plan compliance and design. Josie has worked directly with both the U.S. Internal Revenue Service and the U.S. Department of Labor.

Josephine also counsels a wide range of clients, including investors, investment funds, investment companies, fund managers (including registered investment advisers), private money managers and other institutional investors relating to the impact of ERISA and certain Internal Revenue Code requirements on such investments, including addressing ERISA plan asset and operating company compliance, such as matters relating to Venture Capital Operating Companies (VCOCs) and Real Estate Operating Companies (REOCs).

Education

  • Georgetown University Law Center (J.D., cum laude, 2003)
    • Texas A&M University (B.A., summa cum laude, 2000)

      Bar Admission

      • Texas, 2003

      Recognition

      • Selected for inclusion by Texas Monthly, as a "Texas Rising Star," 2006-2011
      Publications
      All Publications
      Time for a Wellness Check on your Wellness Program? New EEOC Regulations Could Diagnose Need for Change
      In light of new rules from the Equal Employment Opportunity Commission (EEOC), employers should examine their wellness programs now (and during open enrollment for next year) to determine the potential impact of the final regulations, as many wellness programs will need to be changed to comply with the new rules. In May, the EEOC published its much anticipated final regulations implementing the Genetic Information Nondiscrimination Act of 2008 (GINA) and the Americans with Disabilities Act (ADA), as those laws relate to employer-sponsored wellness programs. The most significant changes under the EEOC’s final rules require compliance for plan years beginning on or after January 1, 2017, but some clarifications are effective immediately.
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      Highly Anticipated Proposed EEOC Guidance May Force Design Changes on Existing Wellness Programs
      On Monday, the Equal Employment Opportunity Commission (“EEOC”) published much anticipated proposed regulations amending Americans with Disabilities Act (“ADA”) regulations on employer wellness programs. Specifically, the EEOC provides guidance on how employers can legally incentivize employees to participate in wellness programs that include disability-related inquiries and/or medical examinations.  Generally, in order to fit into the “voluntary” exception to the ADA’s prohibition on medical exams and disability-related inquiries, employees may not be required to participate in a wellness program, and they may not be denied health coverage or otherwise disciplined if they refuse to participate. Employers also may not interfere with their ADA rights, or threaten, intimidate, or coerce their employees for refusing to participate in a wellness program or for
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