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ESOP Evolution: Designing a Path to Employee Ownership in California - Part 2 of 3

Posted by Marc S. Schechter | Mar 25, 2025

Part 2: Designing Your ESOP: What Business Owners Need to Know

ESOP Plan Design: One Size Doesn't Fit All

When it comes to setting up an ESOP, there's no such thing as a cookie-cutter approach. Every company's culture, financial situation, and long-term goals should shape the plan's design.

At Schechter Benefits Law Group, we work with companies to craft customized ESOP plans that balance business objectives with employee benefits — while staying fully compliant with ERISA regulations.

Key Design Considerations:

  • Who is eligible to participate?
  • How will shares be allocated — equally or based on compensation?
  • How long will employees need to work before becoming fully vested?
  • How will repurchase obligations be handled as employees retire or leave?

Pro Tip: Companies should build flexibility into their plan design to account for future business growth, cash flow changes, and employee demographics.


California Bonus Incentive:

With the state's new ESOP Loan Guarantee Program, small businesses now have more options to finance the transition to employee ownership — but plan design will play a key role in accessing those funds.


Coming Next:
In Part 3, we'll explore the operational side of ESOPs — including compliance, fiduciary duties, and how California businesses can leverage ESOPs for long-term growth.

If you're considering an ESOP for your company, let's start the conversation.


Contact us today at sblgllp.com to explore how an ESOP could work for your business.

About the Author

Marc S. Schechter
Marc S. Schechter

Marc Schechter specializes in the areas of employee benefits, ERISA, and business matters.

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