Althea R. Day advises plan sponsors of all types—from tax-exempt organizations and governmental employers to Fortune 100 companies—regarding employee benefits and developing practical solutions to complex issues. Her experience includes the design, implementation, governance, operation, and regulatory compliance of qualified and nonqualified retirement plans, equity and executive compensation arrangements, and health and welfare plans. She also counsels clients, both multiemployer funds and contributing employers, on complex multiemployer plan issues.
Co-leader of the firm’s Multiemployer Plans Task Force, Althea advises boards of trustees on multiemployer plan governance, administration, and compliance issues. She also advises contributing employers regarding their participation in multiemployer health and pension plans, and provides corporate transaction support on multiemployer plan issues, including potential withdrawal liability.
Specific to qualified retirement plans, Althea’s work with clients includes both defined contribution and defined benefit plans, including cash balance plans. She has represented numerous clients in matters involving the IRS, DOL, and the Pension Benefit Guaranty Corporation (PBGC)—including issues related to IRS and DOL voluntary correction programs, IRS private letter rulings, and PBGC issues involving ERISA section 4062(e).
Althea works with clients to design and implement nonqualified deferred compensation, executive compensation arrangements, and incentive programs, focusing on IRC 409A and other requirements affecting employee benefit plans.
She also advises on Affordable Care Act (ACA), HIPAA, and COBRA compliance, including coverage mandates, reporting and disclosure requirements, and taxation and penalties issues. She also helps employers and plan sponsors analyze the ACA’s impact to their workforce structures.
Althea is a regular speaker on employee benefit topics. She is active on the Employee Benefits Committee of the ABA Tax Section. She is also listed in Chambers USA: America’s Leading Lawyers for Business for 2015. Prior to joining Morgan Lewis, Althea handled matters related to employee plans and exempt organizations for the IRS. Her prior experience also includes an active benefits practice at a Washington, DC, law firm, and work at the national office of a large employee benefits consulting and accounting firm.
American University, Washington College of Law, 1984, J.D.
California State University, Northridge, 1980, B.A.
District of Columbia
Awards and Affiliations
Member, Law Firm of the Year, Employee Benefits & Executive Compensation, Chambers USA (2019)
Member, Law Firm of the Year, Employee Benefits (ERISA Law), US News/Best Lawyers – Best Law Firms (2019)
Ranked, Employee Benefits & Executive Compensation, District of Columbia, Chambers USA (2014–2019)
Leading Lawyer, Labor and employment: Employee benefits, executive compensation and retirement plans: design, The Legal 500 US (2019)
Recommended, Labor and employment: Employee benefits, executive compensation and retirement plans: design, The Legal 500 US (2018)
Recognized, Top 50 Women Lawyers, Washington, DC Super Lawyers (2019)
Recognized, Washington, DC Super Lawyers (2014–2019)
Recognized, Employee Benefits (ERISA) Law, Washington, DC, The Best Lawyers in America (2018, 2019)
Fellow, American College of Employee Benefits Counsel
Chair Emeritus, Executive Compensation Subcommittee, Employee Benefits Committee, ABA Section of Taxation
Member, American Bar Association, Tax Section
Member, The District of Columbia Bar Association, Tax Section