Jamie L. Leary
(304) 231-0471
Office: Wheeling
J.D. University of Virginia
B.A. Marshall University
Licensure: WV
See Education


Jamie is a self-proclaimed geek with regard to employee benefits law.  She focuses her practice on counseling clients of all types and sizes on a wide variety of ERISA and employee benefits issues.  She works collaboratively with her clients to help them to select benefit plans that fit their business needs and to operate their plans in the midst of a complex and ever-changing area of the law.  She enjoys helping her clients understand the impact of statutory and regulatory changes to their benefits plans. 

Jamie assists clients with all aspects of plan design, compliance, and documentation, including plan adoption, amendment, merger, and termination. She counsels clients regarding day-to-day benefits administration and compliance with the Affordable Care Act (ACA), ERISA, HIPAA, COBRA, and other applicable law. When the need arises, she works closely with her clients to identify and correct errors in their benefit plans. Jamie represents clients in matters involving the Internal Revenue Service or Department of Labor.  She also provides fiduciary training to her clients to encourage and support best practices. 

Jamie is also an active member in the firm’s Fiduciary Litigation Team as well as the Women’s Initiative.  Aside from her practice, Jamie is active in supporting her community by serving as a Treasurer for the Viennese Winter Ball Committee, which benefits the Wheeling Symphony Orchestra, and as Chairman of the Scholarship Committee in her Alpha Chi Omega alumnae chapter, which supports the collegiate chapter at her alma mater, Marshall University. 

Work Experience

2008 Steptoe & Johnson PLLC
2002-2004 Steptoe & Johnson PLLC
1999-2002 Goodwin Procter LLP, Boston, MA
1997-1999 Law Clerk, The Honorable Charles H. Haden II, U.S. District Court

Speaking Engagements

Presenter, "ACA Play or Pay Enforcement," Schneider Downs Employee Benefits Forum, March 2018

Presenter, "ACA Play or Pay Enforcement: The Taxman Cometh," Assured Partners, January 2018

Presenter, “ACA in 2016: Miles to Go Before We Sleep,” Annual Human Resources Conference, West Virginia Healthcare Human Resources Association, September 2016

Numerous presentations at conferences and for industry groups on employee benefits issues, including the Affordable Care Act.

Key Experience

Drafts plan documents and employee communications for defined benefit pension plans, 401(k) plans, profit sharing plans, fully insured medical plans, self-insured medical plans, HRAs, health FSAs, dependent care FSAs, cafeteria plans, and wrap plans
Assists employers to understand impact of evolving laws on plan design for both insured and self-insured group health plans, including compliance with the ACA Play or Pay mandate, wellness program requirements, and ERISA preemption issues
Represents clients in matters before the Internal Revenue Service (IRS) and Department of Labor (DOL), including proposed penalty assessments (Letter 226J) from the IRS concerning the ACA’s Play or Pay mandate; qualified retirement plan corrections and Voluntary Compliance Program (VCP) filings under the Employee Plans Compliance Resolution System program (EPCRS); and submissions to the DOL’s Delinquent Filer Voluntary Compliance Program (DFVCP) and Voluntary Fiduciary Correction Program (VFCP)

Memberships & Awards

The Best Lawyers in America®
Firm Representative, Employment Law Alliance
1997, Order of the Coif, University of Virginia School of Law
1996, Notes Editor, Virginia Law Review
1993, Summa cum Laude, B.A., Marshall University
1993, Society of Yeager Scholars