Under the new stimulus law, employers must make available temporary COBRA premium subsidies and special COBRA enrollment rights to eligible individuals. Employers are entitled to a refundable payroll tax credit for the amount...more
3/19/2021
/ American Rescue Plan Act of 2021 ,
Benefit Plan Sponsors ,
Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
IRS ,
Notice Requirements ,
Payroll Taxes ,
Premium Subsidies ,
Relief Measures ,
Tax Credits
Deadlines are approaching for employers to report last year’s employee exercises of incentive stock options and employee stock purchase plan purchases.
Corporations that offer incentive stock options (ISOs) or maintain a...more
The U.S. Department of Labor (“DOL”) recently issued an information letter (“DOL Letter”) that could provide sponsors of private equity and other private investment funds a new source of investor capital – some of the...more
New DOL information letter sheds light on how US defined contribution retirement plans (such as 401(k) plans) may offer private equity investments in compliance with ERISA.
Key Points:
..Private fund sponsors and “fund of...more
The COVID-19 pandemic has created bleak economic conditions for many businesses, forcing them to undertake or consider drastic changes to their workforce. Although each employer’s business needs vary and require individual...more
The FFCRA requires covered employers to provide emergency paid leave to eligible employees who cannot work due to qualifying COVID-19-related reasons.
As Latham & Watkins previously reported, President Donald J. Trump...more
The legislation provides COVID-19-related paid leave that impacts many employers, but important questions remain.
Key Points:
..The Act impacts employers with one to 499 employees, and will be effective no later than...more
The legislation would enact coronavirus-related paid leave requirements that would affect many employers, but important questions remain.
Key Points:
..As currently drafted, the bill would impact employers with one to...more
New York partner Bradd Williamson, Global Chair of Latham’s Benefits, Compensation & Employment Practice, and Chicago partner Robin Struve discuss Sun Capital Partners III, LP v. New England Teamsters & Trucking Industry...more
2/11/2020
/ Business Entities ,
Capital Investments ,
Employee Retirement Income Security Act (ERISA) ,
Investment Funds ,
Joint and Several Liability ,
Partnership-in-Fact ,
Pension Funds ,
Pensions ,
Portfolio Companies ,
Private Equity Firms ,
Private Equity Funds ,
Sun Capital Partners ,
Underfunded Plans
Recently issued proposed regulations clarify changes made by the TCJA to the tax deductibility of executive compensation.
Section 162(m) of the US Internal Revenue Code (the Code) as amended by the Tax Cuts and Jobs Act...more
1/24/2020
/ Clawbacks ,
Compensation & Benefits ,
Covered Employees ,
Deferred Compensation ,
Executive Compensation ,
Foreign Private Issuers ,
Grandfathering Rules ,
Internal Revenue Code (IRC) ,
IRS ,
Proposed Regulation ,
Publicly-Traded Companies ,
Section 162(m) ,
Securities Exchange Act ,
Tax Cuts and Jobs Act ,
Tax Deductions
Deadlines are approaching for employers to report the year’s employee exercises of incentive stock options and employee stock purchase plan purchases.
Corporations that offer incentive stock options (ISOs) or maintain a...more
The First Circuit reverses a lower court decision and finds two Sun Capital private equity funds are not liable for portfolio company’s pension plan liabilities under ERISA.
On November 22, 2019, the United States Court of...more
Deadlines are approaching for employers to report last year’s employee exercises of incentive stock options and employee stock purchase plan purchases.
Corporations that offer incentive stock options (ISOs) or maintain a...more
A new Massachusetts law significantly limits when and with whom an employer can enforce a noncompetition agreement entered into on or after October 1, 2018.
On August 10, 2018, Massachusetts Governor Charlie Baker signed...more
Deadlines are approaching for employers to report 2017 employee exercises of incentive stock options and employee stock purchase plan purchases.
Corporations who offer incentive stock options (ISOs) or maintain a...more
US public companies should be preparing now to disclose their CEO pay ratios in 2018.
For the 2018 proxy season, most public companies will be required to disclose the pay ratio between their CEO and the median compensated...more
Guidance clarifies how to determine the employee population and median employee for the ratio, though questions remain.
The staff of the Division of Corporation Finance of the Securities and Exchange Commission (SEC) has...more
The BIC Exemption to the new DOL Fiduciary Rule offers some relief, but at a potentially prohibitive cost.
The US Department of Labor (the DOL) recently forced the most significant change to the investment community...more
6/23/2016
/ Best Interest Contract Exemptions ,
Best Interest Standard ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fiduciary Duty ,
Final Rules ,
Individual Retirement Account (IRA) ,
Notice Requirements ,
Recordkeeping Requirements ,
Required Documentation
Employees of partnerships, LLCs or their disregarded entity subsidiaries who receive equity in such entities may be treated as “self-employed” for tax purposes.
On May 3, 2016, the US Treasury Department (Treasury)...more
Final rule reflects some concessions, but its broad scope and compliance costs will cause financial services advisers to re-evaluate their business models.
On April 6, 2016, the US Department of Labor (the DOL) released...more
5/5/2016
/ Best Interest Contract Exemptions ,
Best Interest Standard ,
Broker Commissions ,
Broker-Dealer ,
Conflicts of Interest ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fees ,
Fiduciary Duty ,
Final Rules ,
Financial Industry Regulatory Authority (FINRA) ,
Financial Services Industry ,
Individual Retirement Account (IRA) ,
Investment Adviser ,
PTEs ,
Retirement Plan ,
Securities and Exchange Commission (SEC) ,
SIFMA
The SEC has adopted rules requiring companies to disclose the pay ratio between their CEO and median compensated employee.
Last week, the Securities and Exchange Commission (the SEC) adopted final rules requiring...more
As early as the 2016 proxy season, most U.S. public companies may need to include new disclosures, and should start thinking about them now.
On April 29, 2015, the Securities and Exchange Commission (the SEC) proposed...more