Compensation & Benefits

News & Analysis as of

Stock Incentive Plans may allow Texas Employers to Claw Back Non-vested Bonus Compensation from Employees that Leave and Work for...

As far as employee compensation agreements are concerned, Texas employers are riding a wave of pro-business precedent. The Supreme Court of Texas’ recent opinion in ExxonMobil Corporation v. Drennen continues the trend. ...more

France: Taking into Account Absences Due to a Strike While Calculating Bonuses Does Not Necessarily Infringe the Right and the...

Under the French Labor Code, the exercise of the right to strike shall not lead to retaliation by the employer in terms of employee compensation or benefits....more

White-Collar Exemptions: Paying Employees' Wages in Equity, Rather than Cash

The saying goes that “Cash is King.” However, entrepreneurs often quickly learn (sometimes in painful ways) that it is Cash Flow that is really King. Run a quick Google search for “accounts receivable” financing or factoring...more

New IRS Revenue Ruling 2014-18 and the Use of Hedge Fund Stock Options

The Internal Revenue Service has issued Revenue Ruling 2014-18 (the “Ruling”) to clarify that stock options and stock-settled stock appreciation rights (“SARs”), properly designed, can be used as a form of compensation to...more

Pay-or-Play: Think Globally

With the effective date of the “pay-or-play” employer mandate just over the horizon, employers who sponsor group health plans are well aware of the layers of complexity presented by the mandate. One of the layers that...more

It’s All In The Benefits — Non-Salary Remuneration Can Render Your Volunteer An “Employee” For Purposes Of The Connecticut Fair...

When is an unpaid volunteer considered an “employee” and thus able to sue for discrimination or retaliation under the Connecticut Fair Employment Practices Act (“CFEPA”)? The answer: when the volunteer receives remuneration...more

A New Dawn for California Class Actions

“There are three kinds of lies: lies, damned lies and statistics.” The California Supreme Court could have been channeling Mark Twain when it rejected, emphatically, the unbridled use of statistical sampling to prove...more

Statistical Sampling in Class Action Trial Violated Defendant's Due Process Rights

In a unanimous decision, the California Supreme Court on May 29 reversed a class action verdict for a class which was based on a flawed statistical model to determine liability and damages. Duran v. U.S. Bank National...more

Restrictive Covenants and the Cross-Border Employer

In most U.S. states employers are free to bind employees with restrictive covenants – which commonly take the form of post-employment restrictions on soliciting clients or employees – as a condition of employment. The wide...more

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

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

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

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