Compensation & Benefits

News & Analysis as of

SEE YOU IN COURT – July/August 2015

Mr. Superintendent couldn’t believe that it is already again time for negotiations with the Nutmeg Union of Teachers (NUTS). However, when Mr. Superintendent told Mr. Chairman that teacher negotiations are coming up and...more

TRB Issues New Guidance Concerning the Reemployment of Retired Teachers

On June 17, 2015, Connecticut’s Attorney General issued an opinion concerning the “statutory limits on the compensation provided to reemployed teachers (including superintendents and other administrators) pursuant to Conn....more

CalPERS And Pay Equity

The Securities and Exchange Commission has given notice of its intent to adopt final pay ratio disclosure rules at its meeting next week.  In applauding the SEC’s proposed rules, the California Public Employees’ Retirement...more

HR Now. More Big Issues…

Our blog on HR Now. The Big Issues has generated much discussion amongst our clients. They have told us about several other issues on their minds...more

OFCCP Seeks Final Approval Of Its Pay Transparency Regulations From OMB

OFCCP recently sent its proposed final regulations implementing Executive Order 13665 (the “Order”) to the Office of Management and Budget (“OMB”) for final approval. The Order, among other things, mandates that federal...more

Deferred Compensation - Updated IRS Audit Guide

The IRS recently updated the Audit Techniques Guide that is provided to its agents with respect to deferred compensation programs, including - as the Guide specifies - salary reduction arrangements, bonus deferral plans,...more

California Court of Appeals Holds Subcontract Unable to Collect Compensation Under Business & Professions Code 7031 Because...

In Pacific Caisson & Shoring, Inc. v. Bernards Bros. Inc. [2015 Cal. App. LEXIS 426], a subcontractor’s license with the Contractors State License Board (CSLB) was automatically suspended due to an unsatisfied stipulated...more

Physician Compensation Arrangements – OIG Fraud Alert Warns of Potential Anti-kickback Statute Violations

In a fraud alert released today, the OIG warns that physician compensation arrangements, such as medical directorship compensation, may potentially violate the anti-kickback statue. The fraud alert reiterates the “one...more

SEC Staff Releases Analysis Related to Pay Ratio Disclosure Rules

On June 4, the staff of the Securities and Exchange Commission (Staff) released analysis related to its proposed rules for pay ratio disclosure, which analysis evaluates the potential effects of excluding different...more

SEC Provides Additional Analysis Related to Proposed Pay Ratio Disclosure Rules

On June 4, the Securities and Exchange Commission provided additional analysis related to its proposed rules for pay ratio disclosure. The staff believes that the analysis will be informative for evaluating the potential...more

Weathering The Recent Storms in Texas: How to Compensate Employees for Lost Time

In the wake of Houston’s recent flooding, countless businesses closed their doors, and many individuals are coping with homes in disrepair. Texas employers wondering whether they must pay workers for lost time during...more

Entscheidung des Arbeitsgerichts Düsseldorf zum Mindestlohn

Das Mindestlohngesetz lässt viele Fragen und Details offen. Es gehört daher zu der Art von Gesetzen, die erst von der Rechtsprechung ausgeformt werden müssen. Entsprechend dringend werden Entscheidungen erwartet, weshalb auch...more

Compensation and Benefits Insights – April 2015 #2

The IRS recently made helpful revisions to the Employee Plans Compliance Resolution System ("EPCRS). EPCRS is an IRS program that permits plan sponsors to correct certain retirement plan errors and avoid substantial...more

Ways to Make Your Family Business More Family Friendly

Family businesses face many hurdles. One of the biggest hurdles for family businesses (as for all businesses) is keeping and retaining talent. Family businesses have to compete for talent against bigger, more established...more

First Circuit Reviews Top Hat Plan Benefits Denial for Abuse of Discretion

The First Circuit recently applied an abuse of discretion standard of review to a claim for top hat plan benefits. Plaintiff Robert Niebauer, a former executive of Crane, brought a claim for executive severance plan benefits...more

Practical Advice for Compliance with Recent Amendments to the Internal Revenue Code Section 162(m) Regulations

The recent amendments to the Section 162(m) regulations largely follow the changes set forth in the proposed regulations issued in 2011, clarifying two exceptions from the Section 162(m) tax deductibility limit...more

From Handshake to Ribbon Cutting: Lessons in Implementing Economic Development Incentives that Avoid Clawbacks

Once an incentive agreement is in place, it is time for the company to get to work building and staffing the new or expanded facility. While the economics of a deal are typically still on track, the initial buildout/expansion...more

Illinois Supreme Court to Decide If State’s Union Contract Conditioned on Appropriations

In the closing days of the March term, the Illinois Supreme Court agreed to wade yet again into the contentious and politicized area of public employee wages and benefits. State of Illinois v. American Federation of State,...more

Be Global - March 2015

Brazil: Limit on Employer Obligation to Deduct Union Dues - The Brazilian Supreme Court has recently enacted Binding Precedent no. 40, which states that union support contributions are only payable by those who are...more

Compensation Incentives in a Best Practices Compliance Program

One of the areas that many companies have not paid as much attention to in their Foreign Corrupt Practices Act (FCPA) anti-corruption compliance programs is compensation. However the Department of Justice (DOJ) and Securities...more

"ISS Issues ‘Frequently Asked Questions’ Guidance for 2015"

As part of its ongoing rollout of its 2015 policy updates, Institutional Shareholder Services (ISS) has issued “Frequently Asked Questions” guidance with respect to both its 2015 Compensation Policies and its new equity plan...more

5 Tips on Global Compensation Plans

Multinationals are increasingly looking to take pay, bonus and benefits plans global. That can be tricky. Cautionary tales include hefty fines for neglecting to translate documents into a local language and court rulings...more

Quirky Question #254, Foreign currency fluctuations and expat employees

Question: I am an HR manager working for a US company that sends employees on long term assignment abroad. One of our senior assignees recently rang me to say how worried he is about Greek politics and the potential...more

Governance & Securities Law Focus: Asia Edition, January 2015

In this issue: - Japan Releases Exposure Draft of New Corporate Governance Code - Launch of Shanghai-Hong Kong Stock Connect - SEC and NYSE Developments - Noteworthy US Securities Law Litigation...more

Employment and Labor Law Road Map for Employers Entering the U.S. Market

Foreign companies and investors that enter the U.S. market will be governed by numerous state and federal labor and employment laws. When opening a business in the United States, it is therefore critical to work with...more

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