Fiscal Year

2024

Case Number

A-23089-20867

Case Status

Certified

Received Date

2023-04-26

Decision Date

2024-05-10

Refile

N

Original File Date

2024-01-01 01:20:41

Previous SWA Case Number State

Schedule A Sheepherder

N

Employer Name

Winstead PC

Employer Name Slug

winstead-pc

Employer Address 1

2728 N Harwood Street

Employer Address 2

Suite 500

Employer City

Dallas

Employer City Slug

dallas

Employer State

TEXAS

Employer State Slug

texas

Employer Country

UNITED STATES OF AMERICA

Employer Postal Code

75201

Employer Phone

214-745-5228

Employer Number of Employees

590

Employer Year Commenced Business

1973

NAICS Code

541110

FW Ownership Interest

N

Employer Contact Name

Nancy Furney

Employer Contact Address 1

2728 N Harwood Street

Employer Contact Address 2

Suite 500

Employer Contact City

Dallas

Employer Contact State/Province

TEXAS

Employer Contact Country

UNITED STATES OF AMERICA

Employer Contact Postal Code

75201

Employer Contact Phone

214-745-5228

Employer Contact Email

nfurney@winstead.com

Agent Attorney Name

Rebecca Massiatte

Agent Attorney Firm Name

JMA Firm, PLLC

Agent Attorney Phone

2143895703

Agent Attorney Address 1

12655 N. Central Expressway

Agent Attorney Address 2

Suite 275

Agent Attorney City

Dallas

Agent Attorney State/Province

TEXAS

Agent Attorney Country

UNITED STATES OF AMERICA

Agent Attorney Postal Code

75243

Agent Attorney Email

rebecca@jmafirm.com

PW Track Number

P10022111093134

PW SOC Code

23-1011

PW SOC Title

Lawyers

PW Skill Level

Level II

PW Wage

126797.00

PW Unit of Pay

Year

PW Wage Source

OES

PW Determination Date

2022-11-07

PW Expiration Date

2023-06-30

Wage Offer From

180000.00

Wage Offer To

0.00

Average Salary

180000.00

Wage Unit of Pay

Year

Worksite Address 1

2728 N. Harwood Street

Worksite Address 2

Suite 500

Worksite City

Dallas

Worksite City Slug

dallas

Worksite State

TEXAS

Worksite Postal Code

75201

Job Title

Employee Benefits Counsel and Benefits Manager

Job Title Slug

employee-benefits-counsel-and-benefits-manager

Minimum Education

Other

Major Field of Study

See H.14.

Required Training

N

Required Experience

N

Required Experience Months

Accept Alternative Field of Study

N

Accept Alternative Major Field of Study

Accept Alternative Combination

N

Accept Alternative Combination Education

Accept Alternative Combination Education Years

Accept Foreign Education

Y

Accept Alternative Occupation

Y

Accept Alternative Occupation Months

84

Accept Alternative Job Title

See H.14.

Job Opportunity Requirements Normal

Y

Foreign Language Required

N

Specific Skills

H.4B and H.10B Requirements as stated on Form ETA 9141 Requires a Juris Doctor J.D. degree from an accredited law school and an active license in good standing to practice law in the state of Texas. Requires 7 years of experience in EACH of the following working in the employee benefits field; applying the legal requirements of selfinsured medical plans and other health and welfare benefit plans; using interpersonal skills to interact within all levels of a professional services organization; using oral and written communication skills; using organizational skills, attention to detail, and the ability to multitask in a fast paced environment; and using MS Office Suite. Requires 3 years of experience in EACH of the following benefits and absence administration and related laws and regulations; and using Ceridian Dayforce. Requires up to 10 travel to domestic locations. Experience may be gained concurrently.br br As listed in Section I.e.23. of this form, employer has not received payments of any kind from the foreign worker or from any third party, including employers attorney fees. Employer has not received any incentive, inducement to file, or any reimbursement for the cost incurred in preparing or filing this application.br br Business Necessity Statement Continued from Section H.11 The alternative to engaging an additional Winstead employee or external employee benefits counsel would be to incur the financially significant expense of hiring two employees, an Employee Benefits Counsel and a Benefits Manager. This approach is not a feasible alternative in our current environment due to the frequent need for this combined expertise in an expeditious manner. Thus, to avoid the coordination between two resources our business need is to have the two functions performed by a single held position that can navigate both areas that are captured in our job description which reflects a blend of duties and responsibilities attributable to the Employee Benefits Counsel and Benefits Manager roles. To illustrate the nature of occurrences that our business needs rely upon this position for, we provide the following examples for context. First, Winstead employees frequently encounter situations in which a healthcare provider or a claims fiduciary of Winsteads medical plan decides that a certain procedure is not covered under the firms medical benefits. At that point, an urgent request from the employee is received concerned that a procedure, which often has already been performed, is not covered by insurance. Addressing this concern requires interaction with the appropriate party to determine the exact nature of the procedure and why the decision was made that it was not covered under the medical plan. Subsequently, a legal review of the plan language is necessary to interpret the appropriate provisions of the plan and either advocate with the providerfiduciary or explain to the employee why the decision is correct. The necessity of both an expedient administrative procedure and a legal interpretationopinion is the reasoning behind the combined position of Employee Benefits Counsel and Benefits Manager at Winstead, so that both can occur in a timely and correct manner and this, in turn, directly benefits both employees of Winstead as well as client employees for those situations that our clients must navigate concerning their respective medical plans and employee needs. Second, Winstead has had the situation of an employee enrolling in the firms 401k plan despite the terms of the legal plan document excluding the employees participation. Subtle differences in defined terms within a complex legal document can often be overlooked. Also, there are occasions where there is a need to amend a plan document to address unanticipated situations that arise. Such plan amendments require the skills of an employee benefits counsel to review and provide guidance. Continued in Section K. Job 1. Number 9

Combination Occupation

Y

Offered to Applicant Foreign Worker

Y

Foreign Worker Live on Premises

N

Foreign Worker Live in Domestic Service

N

Foreign Worker Live in Domestic Service Count

Professional Occupation

Y

Application for College/University Teacher

N

SWA Job Order Start Date

2022-12-16

SWA Job Order End Date

2023-01-17

Sunday Edition Newspaper

Y

First Newspaper Name

The Dallas Morning News

First Advertisement Start Date

2022-12-25

Second Newspaper Ad Name

The Dallas Morning News

Second Advertisement Type

Newspaper

Second Ad Start Date

2023-01-01

Employer Website From Date

2022-12-16

Employer Website To Date

2023-01-27

Professional Organization Ad From Date

2024-01-01 01:20:41

Professional Organization Advertisement To Date

2024-01-01 01:20:41

Job Search Website From Date

2022-12-25

Job Search Website To Date

2023-01-17

Employee Referral Program From Date

2024-01-01 01:20:41

Employee Referral Program To Date

2024-01-01 01:20:41

Local Ethnic Paper From Date

2022-12-28

Local Ethnic Paper To Date

2022-12-28

Radio/TV Ad From Date

2024-01-01 01:20:41

Radio/TV Ad To Date

2024-01-01 01:20:41

Employer Received Payment

N

Posted Notice at Worksite

Y

Layoff in Past Six Months

N

Country of Citizenship

JAMAICA

Foreign Worker Birth Country

JAMAICA

Class of Admission

Not in USA

Foreign Worker Education

Other

Foreign Worker Information: Major

JURIS DOCTOR J.D. DEGREE FROM AN ACCREDITED LAW SCHOOL

Foreign Worker Years of Education Completed

2013

Foreign Worker Institution of Education

WASHINGTON UNIVERSITY

Foreign Worker Education Institution Address 1

1 BROOKINGS DRIVE

Foreign Worker Education Institution Address 2

Foreign Worker Education Institution City

ST. LOUIS

Foreign Worker Education Institution State/Province

MO

Foreign Worker Education Institution Country

UNITED STATES OF AMERICA

Foreign Worker Education Institution Postal Code

63130

Foreign Worker Experience with Employer

N

Foreign Worker Employer Pays for Education

N

Foreign Worker Currently Employed

N

Employer Completed Application

N

Preparer Name

Rebecca Massiatte

Preparer Title

Attorney

Preparer Email

rebecca@jmafirm.com

Employer Information Declaration Name

Nancy Furney

Employer Information Declaration Title

Chief Human Resources Officer