Rachel Shim is a dedicated employee benefits and employment attorney, concentrating her practice on a wide spectrum of benefits laws and leave and employment laws. She works closely with small, medium and large multinational employers, guiding them through compliance issues related to retirement plans, health and welfare plans, executive compensation and employment matters. While Rachel assists clients with all of their benefit plan and general employment needs, Rachel has in-depth experience with the laws related to health and welfare plans, cafeteria plans, fringe benefit plans, flexible compensation programs, retiree health plans and voluntary employees' beneficiary associations (VEBAs). Rachel is also well versed on all laws related to leaves of absence and related benefits.

As part of her practice, Rachel regularly drafts plan documents and summary plan descriptions, advising clients on plan design strategies and innovations and addressing fiduciary responsibilities and income tax considerations. Rachel ensures compliance with key regulations, including the Internal Revenue Code (IRC), Employee Retirement Income Security Act (ERISA) and other relevant statutes governing employee benefit plans.

Rachel has extensive experience advising clients on complex health and welfare plan and employment issues, including issues related to compliance with the Patient Protection and Affordable Care Act (ACA), the Health Insurance Portability and Accountability Act (HIPAA), the Americans with Disabilities Act (ADA), the Age Discrimination in Employment Act, the Family and Medical Leave Act (FMLA) and the Consolidated Omnibus Budget Reconciliation Act (COBRA). She also assists clients in navigating state laws affecting health and welfare plan design and administration, including state sick and family leave laws, domestic partner coverage, continuation of coverage and mandated benefits. Rachel provides valuable counsel on ERISA pre-emption of state laws. Rachel also regularly works with clients on negotiating agreements with third-party administrators, insurance carriers and other service providers.

Beyond her legal practice, Rachel also regularly educates human resource professionals on compliance obligations under ERISA, IRC and related laws impacting health and welfare plans and leave programs. She has also represented clients before regulatory bodies such as the Internal Revenue Service (IRS) and the U.S. Department of Labor (DOL), handling voluntary correction program filings and benefit plan audits with proficiency and insight.

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Education

  • Georgetown University Law Center (J.D., cum laude)
    • Bates College (B.A.)
      • Art History

    Bar Admission

    • Pennsylvania

    Recognition

    • Ranked in Chambers USA : America’s Leading Business Lawyers, Employee Benefits & Executive Compensation, 2023-2025
    Publications
    All Publications
    New Year, New Dependent Care FSA Limits: Don’t Forget to Amend Your Plan!
    Key Takeaways The One Big Beautiful Bill Act allows employers to raise the dependent care FSA exclusion limit starting Jan. 1, 2026. This is the first time since 1986 and offers meaningful additional tax savings for employees. Employers must amend plan documents to implement the higher limit. Without a formal update, plans will not be able to offer the increased contribution cap in 2026. Plan amendments must be executed by Dec. 31, 2025 to adopt the new limit. Plan sponsors should complete written amendments and follow the appropriate governance process before year end. The One Big Beautiful Bill Act (OBBB) allows employers to increase the maximum annual exclusion limit for dependent care flexible spending accounts (DCFSAs) beginning Jan. 1, 2026 – the first
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    A Quick Look at Benefits and Executive Compensation Provisions in the One Big Beautiful Bill
    On July 4, 2025, President Donald J. Trump signed into law the One Big Beautiful Bill (OBBB). For employers, the most notable benefits-related provisions include expanded flexibility for health savings accounts (HSAs) and new restrictions on premium tax credit eligibility – changes that may reduce the risk of triggering an employer shared responsibility penalty under the Affordable Care Act (ACA). While the OBBB does not change the tax incentives for retirement savings, nor does it cap the exclusion amount for employer-sponsored health insurance, it introduces several developments worth employer attention. A summary of key provisions follows. HSAs Extension of Telehealth Safe Harbor for HSA Participants. The OBBB permanently extends the COVID-era safe harbor allowing coverage of telehealth and other remote care services
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