News & Analysis as of

Bonuses

Unfair and Unbalanced-Episode 18 [Video]

by Thomas Fox on

In this episode, Roy Snell and myself discuss how incentives are integral to the compensation plans of a wide range of workers. Many experts point to their value in rewarding behavior that is in the interest of the...more

Germany: Performance Target Agreements and Objectives

by Littler on

Employees in Germany with a bonus arrangement can claim variable compensation if they meet their agreed-upon or specified performance targets. The level of variable compensation upon full achievement of these targets is...more

Gender Pay Gap Reporting for Companies with More Than 250 Employees in Great Britain

by Dorsey & Whitney LLP on

Beginning April 2017, companies with 250 or more employees in England, Wales and Scotland on April 5th should be aware of a requirement to begin publishing annually on their own website and on a government website the...more

Are Employers Required to Make Contributions to Union Pension Fund for “Bonus” Payments?

by Farrell Fritz, P.C. on

Hammering Nails Construction has a CBA (collective bargaining agreement) with Local 1 of the United Brotherhood of Widgetmakers (“Union”). After a pension fund audit, Hammering Nails received a letter claiming it owed...more

Employees Paid on a Commission Basis Must Be Paid a Separate Minimum Wage for Rest Periods

by Bass, Berry & Sims PLC on

Employers who pay employees commissions should evaluate their compensation schemes to ensure compliance with California law in light of the California Court of Appeals’ recent ruling in Vaquero, et al. v. Stoneledge...more

Spain: Termination Pay Can Include Bonuses and Other Variable Pay

by Dentons on

In the past few years, the Spanish financial crisis, which has persisted since 2008, has led to many companies choosing to assign a more significant role to bonuses or variable pay rather than fixed salary. By granting...more

Litigating Against a Former Employer for Additional Compensation

At the end of an employment relationship, a former employee may assert that he or she is entitled to additional compensation from a former employer. This could be, for example, in the form of bonus, commissions, or profit...more

Does your employment agreement clearly address post-termination benefit entitlements?

by DLA Piper on

An employee’s entitlement to benefits, such as bonus or incentive plan payments, following the termination of his or her employment is an important consideration that should be addressed at the commencement of the employment...more

Dealing with personal relationships in the workplace

by Dentons on

It has recently been reported in the press that John Neal, the CEO of the Australian headquartered insurance and reinsurance company QBE, had his annual bonus cut by twenty per cent (which equated to AU$550,000 or £340,000)...more

Health Care Fraud and Abuse in the Middle District of Florida in 2016 - a Year in Review

by Carlton Fields on

The United States Attorney’s Office (USAO) for the Middle District of Florida (USAO-MDFL) prosecuted several civil health care fraud matters in 2016 and issued related press releases. A review of the USAO-MDFL’s criminal and...more

Employees Bound by Non-Compete Agreement When They Clicked “Accept” to a Bonus on Intranet

Two employees who clicked “accept” on an online form in order to receive a bonus were bound by additional language that included an agreement to not compete in the future. Messrs. Lynch and Halpin worked in sales for ADP, and...more

Paying Bonuses to Non-Exempt Employees: Avoiding Class-Wide Overtime Violations

by Jackson Lewis P.C. on

Employers generally recognize that their non-exempt employees must receive overtime premiums on their base pay – in most cases, their hourly wage – when they work overtime. However, not all employers are as well attuned to...more

UK Gender Pay Gap Reporting – The Last Chance Saloon

by Seyfarth Shaw LLP on

The final version of the draft Gender Pay Gap Regulations have now been published and are expected to come into force on 6 April 2017. The latest version of the Regulations set out a number of changes from the previous...more

Puerto Rico Issues Comprehensive Labor Law Reform

by FordHarrison on

On January 26, 2017, Puerto Rico’s Governor, Ricardo Roselló, signed into law the Labor Transformation and Flexibility Act (the “Act”). The Act represents the first significant and comprehensive labor law reform to occur in...more

Is it time for an incentive mine sweep?

As Neel Doshi and Lindsay McGregor share in Primed to Perform, “no topic raises passion like pay.” And as they reflect, “pay-for-performance is neither inherently good nor inherently bad. Depending on the circumstances, it...more

2016 Labour and Employment Law – A Year in Review (in 140 characters or less)

by Dentons on

As we close out the first month of 2017, we thought it appropriate to briefly review the cases which caught our eye in 2016 in 140 characters or less...more

Puerto Rico Approves Major Reform of its Employment Laws

by Littler on

On January 26, 2017, the Governor of Puerto Rico approved the Labor Transformation and Flexibility Act (“the Act"). The Act makes substantial changes to virtually all existing Puerto Rico employment laws, including those...more

The Final Four Binding PAC Opinions of 2016 Remind School Districts of FOIA and OMA Requirements

by Franczek Radelet P.C. on

In the final days of the year, the Illinois Public Access Counselor (PAC) issued four binding opinions that reiterate the requirements of both the Freedom of Information Act (FOIA) and the Open Meetings Act (OMA). Below is a...more

Plain Language in Bonus Plan Prevails: No Employment, No Vesting, No Bonus

by Bennett Jones LLP on

In positive news for employers, in Styles v Alberta Investment Management Corporation, 2017 ABCA 1 [Styles], the Alberta Court of Appeal (ABCA) affirmed that an employee who does not meet a clear and well drafted condition of...more

Alberta Court of Appeal Revisits Contractual Good Faith Principles

by Bennett Jones LLP on

The organizing principle of good faith and the duty of honest contractual performance laid down by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin] do not give courts the ability to review the fairness of...more

Percentage of Wage Bonus Plan Can Avoid Retroactive Overtime Calculations

Many employers are approaching the time when annual incentive bonuses are calculated and paid to employees. For non-exempt employees subject to the overtime provisions of the Fair Labor Standards Act (FLSA), employers must...more

Puerto Rico Employers Cannot Withhold Income Taxes for Christmas Bonuses of $600 or Less

by Littler on

Pursuant to the current income tax withholding rules issued by the Puerto Rico Department of the Treasury, there are specific income tax withholding rules applicable when a Christmas bonus is paid, which differ from those...more

Revised draft Equality Act 2010 (Gender Pay Gap Information) Regulations: Key points

by Dentons on

The government has published the much anticipated revised version of the draft Equality Act (Gender Pay Gap Information) Regulations. The key points to note are:...more

Update: UK Government Publishes New Draft Gender Pay Reporting Regulations

by Morgan Lewis on

After a lengthy period of consultation, on 7 December 2016, the UK government published the revised draft Equality Act 2010 (Gender Pay Gap Information) Regulations 2017....more

CFPB Issues Rigorous New Guidance to Financial Services Industry Regarding Sales Incentives

by Pepper Hamilton LLP on

The compliance burdens being placed on institutions to monitor all aspects of product sales will require a substantial expansion of the types and scope of reporting that are done for product sales. On November 28, the...more

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