This article is the fourth in our series on equity-based compensation intended to assist employers with answering a common question: What type of equity compensation award is best for our company and our employees?...more
Earlier this year, the Department of Labor (DOL) updated the prohibited transaction exemption for Qualified Professional Asset Managers, often referred to as the “QPAM exemption.” Included in the update is a new requirement...more
Equity-based compensation plays a pivotal role in attracting and retaining top talent and aligning employee incentives with an employer’s long-term success. By offering stock options, restricted stock units, or other forms of...more
When it comes to employee compensation, companies constantly explore innovative ways to align their workforce’s interests with the organization’s success. One strategy gaining traction is the extension of loans to employees...more
Entities interested in entering into health care related industries must consider compliance with the corporate practice of medicine doctrine. In a number of states, the corporate practice of medicine doctrine prohibits...more
The SECURE 2.0 Act of 2022 (SECURE 2.0) significantly changes the legal and administrative compliance landscape for U.S. retirement plans. Foley & Lardner LLP is authoring a series of articles that take a “deep dive” into key...more
On January 30th, President Biden announced his intention to end both the COVID-19 national emergency and the COVID-19 public health emergency (together, the “Emergency Declarations”) effective May 11, 2023. The Emergency...more
After M&A dealmaking cranked at an all-time high in 2021 with a record breaking 60,000 publicly disclosed deals aggregating over $5 trillion (see our recent article), the waters of M&A cooled considerably in 2022, with only...more
11/22/2022
/ Acquisitions ,
Bureau of Labor Statistics ,
Career Development ,
Compensation ,
Employee Benefits ,
Investors ,
Mergers ,
Paid Time Off (PTO) ,
Private Equity ,
Resignation ,
Risk Mitigation ,
Stocks ,
Wage and Hour ,
Workplace Communication
To help employers properly administer their 401(k) plans, in 2022, Foley & Lardner LLP is authoring a series of monthly “401(k) Compliance Check” newsletters. This article discusses the IRS limits on 401(k) plan contributions...more
In last month’s 401(k) Compliance Check #2, we discussed the importance of timely depositing participant contributions in your plan’s trust or custodial account after deferral elections have been made and amounts deducted...more
The IRS updated its Nonqualified Deferred Compensation Audit Techniques Guide (the “2021 Guide”) in June 2021. The 2021 Guide replaces a similar guide that was published in June 2015.
The 2021 Guide does not shed new...more
401(k) Plan Mergers and Updated IRS Determination Letters -
As part of an M&A transaction, your company may assume a new 401(k) plan that is sponsored by the acquired business. This article includes some common questions...more
The form of a corporate transaction sets the stage for the employee benefits and executive compensation (EBEC) strategy – in the scope of due diligence and purchase agreement negotiations and post-closing activity. The charts...more
4/22/2021
/ 401k ,
Bonuses ,
COBRA ,
Compensation & Benefits ,
Employee Benefits ,
Employer Group Health Plans ,
Executive Compensation ,
Flexible Spending Accounts ,
Golden Parachutes ,
IRS ,
Pre-Employment Agreements ,
Retirement Plan ,
Vacation Pay
The year-end budget and COVID relief package signed into law on December 27, 2020 (the “Budget Bill”) includes several changes affecting retirement plans. Most of the changes are temporary in nature, but one change affecting...more
As law firms deal with the ongoing impact of COVID-19, those who recently graduated from law school are facing unique challenges. To help new lawyers navigate this challenging time, we asked members of the Foley family who...more
Let’s take a break from worrying about the global pandemic to check on the health of your equity incentive plan. While we recommend that clients conduct a checkup every year, it is even more important when the economy is less...more
Participants in M&A transactions may lose eligibility, possibly retroactively, for the “employee retention credit” under Section 2301 of the CARES Act (Coronavirus Aid, Relief, and Economic Security Act) if a party to the...more
Clients often ask if they are required to vest employees when they terminate employment. The answer is usually no. Although employers may vest an employee’s 401(k) account balance on termination, they are generally not...more
On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (the “Flexibility Act”) was enacted, amending key provisions of the Paycheck Protection Program (“PPP”) under the Coronavirus Aid, Relief, and Economic...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”) with an initial $349 billion in funding and the goal of...more
On May 15, 2020, the SBA issued its Paycheck Protection Program (PPP) Loan Forgiveness Application.
1. Permits Use of Alternative Payroll Covered Period -
While the term of the “Covered Period” for loan forgiveness...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”) with an initial $349 billion in funding and the goal of...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”) with an initial $349 billion in funding and the goal of...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”) with an initial $349 billion in funding and the goal of...more
4/27/2020
/ Agricultural Sector ,
CARES Act ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Economic Injury Disaster Loans ,
False Claims Act (FCA) ,
Federal Loans ,
Financial Stimulus ,
Hospitality Industry ,
Interim Rule ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program and Health Care Enhancement Act ,
Relief Measures ,
SBA ,
SBA Lending Programs ,
Small Business ,
Third-Party ,
World Health Organization
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduces the Paycheck Protection Program (the “PPP”) with $349 billion in funding and the goal of preventing...more