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Employment Contract Bonuses

Littler

Is a Bonus Clawback Provision a Restraint of Trade in the UK?

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In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful...more

Dechert LLP

Clawback Provisions and Restraint of Trade

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In a welcome decision for employers, in Steel v Spencer Road LLP the High Court has upheld as enforceable a clause requiring an employee to repay a significant bonus following his resignation. A clause in Mr Steel’s...more

Dechert LLP

Sélection de jurisprudence – France / Premier semestre 2023

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Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois : Renouvellement de la période d’essai : utilisation d’un faisceau d’indice pour qualifier le consentement (Cass. soc., 25...more

Dechert LLP

Case Law Selection - France / First Semester 2023

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This newsletter summarizes four significant judicial decisions over recent months: Renewal of the probationary period: using a set of indicators to qualify consent (Cass. soc., 25 January 2023, n°21-13.699)...more

Parker Poe Adams & Bernstein LLP

Would the FTC's Noncompete Ban Prohibit Signing and Relocation Bonus Clawbacks?

The Federal Trade Commission (FTC) recently reported that it had received over 25,000 comments on its proposal to ban employment noncompetition agreements. Most of the discussion over the proposal involves traditional...more

Manatt, Phelps & Phillips, LLP

409A Issues in Executive Compensation Contracts and Employment Agreements

Section 409A of the Internal Revenue Code of 1986, as amended (409A), was enacted into law in 2004 to impose statutory requirements on “nonqualified deferred compensation plans, programs or arrangements” (collectively...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employee Benefits and Rights in Puerto Rico: What to Know Now That Law 41-2022 Has Been Declared Null and Void

On March 3, 2023, the U.S. District Court for the District of Puerto Rico issued a decision declaring Law 41-2022 null and void, effectively reinstating the prior state of many of Puerto Rico’s employment statutory...more

Littler

Ontario, Canada Court of Appeal Finds Employers’ Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and...

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In Bowen v. JC Clark Ltd., 2022 ONCA 614, the Ontario Court of Appeal (OCA) put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must be exercised fairly and reasonably. ...more

Littler

Hot off the Press: New Labor Reform Bill for Puerto Rico

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On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022, instituting drastic changes to labor and employment laws in Puerto Rico and extending employment rights for employees in the private sector. In doing...more

Vinson & Elkins LLP

In Texas Contracts, Say What You Need to Say

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Although not his most lyrically creative effort, John Mayer’s “Say” has a very important lesson for those drafting contracts: “Say what you need to say.” That refrain, which can be heard over 40 times in the original song, is...more

Proskauer - Employee Benefits & Executive...

[Podcast]: Employee Retention Issues

In this episode of The Proskauer Benefits Brief, Proskauer partner David Teigman, senior counsel Nick LaSpina, and special guest Michelle Garrett, a principal at the compensation consulting firm Semler Brossy, discuss...more

Kerr Russell

Physician Employment Agreements: Key Provisions to Negotiate and Common Pitfalls to Avoid

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As physicians continue to trend towards an employment model, the employment agreements physicians are asked to sign by hiring practices and facilities are likewise becoming increasingly standardized and more difficult to...more

Fisher Phillips

A Not-So-Merry Christmas in Your Future? Nevada Legislature Limits the Contents of Public-Sector Employment Contracts

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Beginning on December 1, 2022, Nevada public employers will have new limitations placed on certain common elements contained in employment contracts. Governor Sisolak recently signed Assembly Bill 385 into law, prohibiting a...more

Littler

Ontario, Canada Court Reduces Reasonable Notice Period Due to the Employee’s Failure to Take Reasonable Steps to Mitigate Damages

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In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more

Dechert LLP

Variable Income: Employers Should Be Wary of How They Treat Bonuses

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Employers should take all appropriate precautions to avoid the bonus paid to an employee being construed as being part of his/her contractual remuneration. Should the bonus be considered as being part of the employment...more

PilieroMazza PLLC

Revisiting Executive Compensation and Employee Incentive Plans

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COVID-19 has left many companies to balance competing responsibilities. While the primary focus is on taking care of employees and ensuring business continuity, new challenges are arising in appropriately managing executive...more

PilieroMazza PLLC

[Webinar] Revisiting Executive Compensation and Employee Incentive Plans - October 20th, 2:00 pm - 3:00 pm ET

PilieroMazza PLLC on

COVID-19 has left many companies to balance competing responsibilities. While the primary focus is on taking care of employees and ensuring business continuity, new challenges are arising in appropriately managing executive...more

BCLP

HK Court upholds entitlement to guaranteed bonus and disallows employer set off

BCLP on

In the case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019) (Date of Judgment: 6 August 2020), the Hong Kong Court of Appeal (the “Court”) considered (i) the employee’s entitlement to a guaranteed bonus...more

Jaburg Wilk

What Happens if Bonuses or Commissions are Not Paid in Arizona?

Jaburg Wilk on

Arizona law with respect to payment of bonuses and/or commissions is not always clear. There are many issues for both the employer and employee to consider. Below is a summary of some of things both parties should consider in...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

Carlton Fields on

This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

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Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more

Seyfarth Shaw LLP

Seyfarth Shaw Policy Matters Newsletter - November 2019

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Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more

Littler

Littler Global Guide - France - Q3 2019

Littler on

A decree, dated July 26, 2019, has set a principle of modulation of employers’ contribution to the mandatory unemployment scheme (between 3 and 5.05%) depending on the number of contract terminations. All terminations count,...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - September 2019

This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more

Miles & Stockbridge P.C.

Top Ten Benefit and Compensation Issues in Employment & Separation Agreements

When a company negotiates either an employment agreement or separation agreement with an employee, the employee benefits offered are typically a large piece of the total package. However, the terms of these types of...more

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