Compensation & Benefits

News & Analysis as of

Health Law Wire: $85 Million settlement for first half of Halifax Qui Tam case - OIG Dan Levinson says Management failed to listen...

One of the largest settlements, if approved by the Court, is a result of compensation and incentive programs to physicians who were “employed” at Halifax Hospital in Daytona Beach, Florida. The Halifax lawsuit was filed in...more

NCAA Compensation Cartel Allegations Take Center Court

On March 17, 2014, a class action lawsuit was filed against the National Collegiate Athletics Association (NCAA), alleging that capping compensation to college athletes violates Sherman Act Section 1....more

Don’t Let a “Bonus” Become a “Wage” (Under the MA Wage Act)

As I have previously warned in prior blog, the Massachusetts Wage Act exposes a company and individuals having management responsibility for the company to mandatory treble damages and attorneys’ fees for failing to pay...more

ISS Opposes Director Compensation Bylaws

On January 13, ISS released FAQs expressing its views on a board’s adoption of director compensation bylaws. To counteract the increasing practice implemented by hedge funds and other dissident shareholders of paying their...more

How to Develop a Compensation Plan

Understanding how to write a complete compensation plan is important for your network marketing company. Step-by-step guides found online are often incomplete and don’t provide you with the detailed information that you need....more

Creating a Compensation Plan That Is Guaranteed to Be Legal

How do I create a compensation plan that guarantees to be legal? This is a question that might take one thousand pages to answer. You will find endless articles and videos at www.mlmlegal.com on differentiating a legitimate...more

Employers: 2014 deadlines approach to furnish incentive stock option and employee stock purchase plan information statements and...

Section 6039 of the Internal Revenue Code requires a corporation to furnish a written statement to any employee or former employee who either (i) exercised an incentive stock option within the meaning of Section 422 of the...more

Compensation Clawbacks and Code Section 409A Acceleration

When the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank) became law in 2010, it included a requirement for public companies to recoup, or “clawback,” incentive compensation from executives in the event...more

Volker Rule Has Vague Guidance About Prohibited Compensation

The so-called Volker Rule, as required to be implemented by the Dodd-Frank Act, generally prohibits any banking entity from engaging in proprietary trading. The final rule has been adopted by the Office of the Comptroller of...more

Mortgage Loan Officers: Likely Exempt Under the Fair Labor Standards Act . . . For Now

This past July, the United States Court of Appeals for the District of Columbia (“D.C. Circuit”) vacated a 2010 Department of Labor (“DOL”) Interpretation Letter that concluded employees who perform the “typical” job duties...more

Structuring Compensation Programs – Interview with David Lagasse, Member, Mintz Levin [Video]

Attorney David Lagasse, Member of Mintz Levin's Employment, Labor & Benefits Practice, talks about potential pitfalls that start-ups should be aware of when designing their compensation programs....more

New Jersey Expands Pay Equity Protections

On August 29, 2013, Governor Chris Christie signed a bill (A2648) into law barring employers from retaliating against employees who share information about their compensation with other employees in furtherance of a pay...more

Equal Pay Act

Who, What, Why . . . Who does it apply to: Virtually all employers with employees of the opposite sex are subject to the Equal Pay Act (EPA). What is the rule: Employers cannot pay one sex higher wages than the other for...more

File Your Claim for WTC-Related Illness Now

If you or a loved one were present on a World Trade Center (WTC) crash or clean-up site after the 2001 terrorist attacks and suffered injury or subsequent illness, you may be eligible for compensation. With the filing...more

August and September Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

Are Discretionary Clauses In Employee Welfare Benefit Plans Prohibited In Kentucky?

The Employee Retirement Income Security Act ("ERISA") is a federal law that sets minimum standards for most group employee benefit plans and pension plans in the private industry....more

Considerations for US Employers Post-DOMA

When the Supreme Court issued its opinion in U.S. v. Windsor on June 26, it invalidated the federal definitions of “spouse” and “marriage,” and, in so doing, altered employer obligations with respect to same-sex marriages....more

Minnesota Employers Beware: 2013 Legislative Changes

The 2013 legislative session was a busy one for the state’s legislators....more

The ERISA Litigation Newsletter - July 2013

As Amy Covert and Aaron Feuer discuss below, the U.S. Supreme Court granted certiorari in Heimeshoff v. Hartford Life & Accident Insurance Co. where it is expected to rule next term on whether plan sponsors may dictate in the...more

California Wage/Hour Update No. 3, July 2013: Appellate Court Attacks Piece-Rate Compensation – Again

The piece-rate compensation system, common among automotive technicians, agricultural workers, manufacturing employees, truck drivers, and others, has been a viable and rewarding form of compensation in California for over a...more

Is Your Work Comp Insurer Broke and Belly Up?

On April 19, 2013, S &C Claims Services, Inc., sent a letter to all injured workers insured by Builders Insurance Company that their checks due that week wouldn't be sent as scheduled. A Las Vegas District Court ordered the...more

Let’s Get Physical: Five Legal Issues With Telecommuting

In a little over a month, two large companies have made headlines for either eliminating or greatly reducing the availability of their telecommuting programs. Both companies claim to be motivated by a desire to “reinvigorate”...more

Supreme Court denies banks’ appeal in overtime class actions

Last week, the Supreme Court of Canada denied CIBC and Bank of Nova Scotia leave to appeal the decisions against them in the overtime class actions. In June 2012, the Court of Appeal for Ontario certified class actions...more

Legal Alert: OFCCP Issues New Directive For Analyzing Pay Discrimination Claims

The Office of Federal Contract Compliance Programs (OFCCP) announced that it is rescinding its "Voluntary Guidelines" and "Compensation Standards," which the agency adopted in 2006 to evaluate pay discrimination claims...more

OFCCP Expands Compensation Discrimination Enforcement

New directive outlines audit procedures and evaluation standards that will likely lead to extensive compensation audits and increased allegations of pay and job assignment discrimination....more

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