Craig A. Day
Counsel to the Firm
dayc@lanepowell.com
206.654.7819
Areas of Practice
Craig Day has more than 24 years of experience in employee benefit consulting. As a member of the
Firm’s Employee Benefits and Executive Compensation Practice Group, he advises employers on the
design, implementation and administration of all types of benefit plans and executive compensation
arrangements. Craig’s background in private practice, consulting and in-house counsel have shaped
his practical approach to helping clients find solutions to complex employee benefits issues.
Practice Highlights
Qualified Plans: Craig drafts and advises clients on a variety of 401(k), profit sharing, money purchase, ESOPs, defined benefit and cash balance plans, including filing determination letter
applications, updating plans for changes in the law, managing agency audits, fiduciary training and
correcting errors using agency correction programs. This includes 403(b) plans sponsored by taxexempt organizations and self-directed IRAs.
Executive Compensation: Craig helps clients design and administer executive compensation
plans that comply with Internal Revenue Code Sections 409A, 162(m), 280G and FICA taxation
regulations. This includes drafting or reviewing employment agreements, change in control
agreements, severance agreements or plans, deferred compensation plans (defined contribution and
defined benefit), phantom stock plans, equity plans and awards (stock options, restricted stock,
restricted stock units and performance units), and corrections for 409A violations. This also includes
assisting tax-exempt organizations with Section 457 plans.
Other Employee Benefit Plans: Craig helps clients design and administer health plans (medical,
dental and vision), short- and long-term disability plans, group term life insurance plans, Health
Savings Accounts, wellness programs, fringe benefits and Section 125 Cafeteria plans in compliance
with applicable laws, including the Affordable Care Act, ERISA, the Internal Revenue Code, HIPAA
and COBRA. He advises clients on compliance with employer mandate and other provisions of the
Affordable Care Act.
Long Term Care: Craig helps clients in the long term care industry comply with HIPAA
requirements, including drafting business associate agreements, structuring hybrid and affiliated
covered entities, negotiating vendor contracts, assisting with state and federal investigations and
related litigation, and data breach analysis and corrections.
Transactions: Craig helps buyers and sellers with employee benefits due diligence in mergers and
acquisitions, negotiations over assumed liabilities for pension and multiemployer plans, and with
ERISA representations and warranties in connection with lending transactions.
Professional Experience
Mercer, Principal (2008-2012)
Washington Mutual Bank, First Vice President and Senior Counsel (2001-2008)
The Boeing Company, Counsel (2000-2001)
Deloitte & Touche, Manager, Employee Benefits Group (1995-2000)
Karr Tuttle Campbell, Attorney (1991-1995)
Admitted to Practice
Washington
Academics
University of Washington (J.D., with honors, 1992; B.A., 1985)
Washington Law Review, Technical Editor (1991-1992)
Practice Group and Specialty Team Memberships
Business
Employee Benefits and Executive Compensation
Life, Health, Disability and ERISA
Long Term Care and Seniors Housing Client Service Team
Privacy and Data Security
Taxation
Publications
“Increased Ransomware Attacks and Phase 2 HIPAA Audits: Two Closely-Related Issues for Long Term Care Providers,” Lane Powell Legal Update (May 5, 2016)
“Complex Employee Benefits Rules Encroaching on Traditional Human Resource Territory,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert, Co-author (August 21, 2015)
“Health Care Reform: It’s Time for Employers to Roll Up Their Sleeves in 2015,” Seattle Business magazine (March 2015)
“Beyond Cash: Using Equity to Incentivize Employees,” Puget Sound Business Journal Startups and Emerging Companies: Kick-start Your New Year Special Insert, Co-author (October 31, 2014)
“How to Handle Mental Disabilities in the Workplace Without Losing Your Mind,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert, Co-author (August 22, 2014)
“Same-Sex Couples Ruling Calls for Review of Benefits,” Puget Sound Business Journal, Quoted (November 1, 2013)
“HIPAA Replaced, DOMA Shaved and the Delay of Pay or Play,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert (September 6, 2013)
“Wellness Programs Can Reduce Health Care Costs, But Can Your Bank Afford the Legal Risks?” Issues and Answers magazine, Washington Bankers Association, Co-author (March/April 2013)
“Health Care Reform Update — What Employers Should be Doing Now,” Seattle Business magazine (March 2013)
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“Health Care Reform: What the Decision Means to Companies,” Puget Sound Business Journal Best Practices for Best Employers™: How to Become a Best Workplace Starting Today Special Insert (September 7, 2012)
Speaking Engagements
“Happy Birthday, HIPAA! It’s Your 20th!” Washington Health Care Association’s Annual Convention and Expo (May 19, 2016)
“What Your Benefits Lawyer Would Tell You If You Would Just Return His Call,” Lane Powell’s 33rd Annual Labor and Employment Seminar, Portland (April 7, 2016)
“Making “Friends with Benefits”: What Your Benefits Lawyer Would Tell You If You Would Just
Return His Call,” Lane Powell’s 33rd Annual Labor and Employment Seminar, Seattle,
Co-presenter (September 15, 2015)
“Affordable Care Act Update,” Lane Powell’s 32nd Annual Labor and Employment Seminar, Portland (April 9, 2015)
“The Affordable Care Act — What You Need to Know,” National Business Institute’s “Advanced Employment Law: Working Through Common Problems” Seminar (December 17, 2014)
“Beyond Cash: Using Equity to Reward Your Employees,” Lane Powell’s First Annual Startups and Emerging Companies Seminar, Co-presenter, Seattle (December 4, 2014)
“Health Care Reform and the Long Term Care Industry,” Oregon Health Care Association’s 2014 Annual Convention and Trade Show, Co-presenter (September 23, 2014)
“How to Handle Mental Disabilities in the Workplace Without Losing Your Mind,” Lane Powell’s 32nd Annual Labor and Employment Seminar, Seattle, Co-presenter (September 9, 2014)
“How Healthcare Reform Impacts Your Employee Benefits,” Washington Health Care Association Webinar (April 10, 2014)
“Health Care Reform: Employer Compliance Under the Affordable Care Act,” Lane Powell’s 31st
Annual Labor and Employment Seminar (April 3, 2014)
“IRS Form 1099 Reporting: What You Need to Know,” Lorman Education Services Tax Seminar (December 6, 2013)
“Modern Family Meets Grey’s Anatomy: What You Absolutely Need to Know About Same-Sex Marriage and the Affordable Care Act,” Lane Powell Labor and Employment Law Seminar, Co-
presenter, Seattle (December 5, 2013)
“Can Employers Legally Discriminate Against Obese, Sick and Lazy People?” Northwest Human Resource Management Association’s 2013 Conference and Tradeshow (October 10, 2013)
“Healthcare Reform Impact on Community Banks,” Western Independent Bankers’ 2013 Education Summit and Expo, Co-presenter (September 23, 2013)
“Benefits Update: HIPAA Replaced, DOMA Shaved and ‘Pay or Play’ Delayed,” Lane Powell’s 31st Annual Labor and Employment Law Seminar, Seattle (September 19, 2013)
“Healthcare Reform Breaking News: What the Supreme Court Decisions Means for Employers,” Lane Powell’s 30th Annual Labor and Employment Law Seminar, Seattle, Co-presenter (September 20, 2012)
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