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Bonuses

Ius Laboris

South Korean Supreme Court Upholds ‘Payment Date’ Requirements

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The South Korean Supreme Court recently ruled that bonus payment can be conditioned on the employee remaining employed on the payment date, resolving an issue that had been left unclear in a prior decision. ...more

Jackson Lewis P.C.

Recent Decision on Nondiscretionary Performance Bonuses in Pay Calculations Has Wide-Ranging Implications for Illinois Employers

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In Illinois, nondiscretionary “performance bonuses,” such as bonuses paid in recognition of employees satisfying certain performance and safety metrics and seniority goals, must be factored into employees’ regular rate of pay...more

Amundsen Davis LLC

[Webinar] Breakfast Briefing: Beyond Sweat Equity: Modern Compensation Strategies for Enhanced Engagement & Retention - April...

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In today’s competitive talent marketplace, traditional compensation models alone are no longer enough to attract and retain top performers. Join us for “Beyond Sweat Equity: Modern Compensation Strategies for Enhanced...more

Littler

The Netherlands: Those Who Do Not Provide Clear Information Pay the Price

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An employer in the Netherlands has to inform an employee in writing or electronically of the key terms of employment, including any bonus plan, within one month of starting work.  This obligation to provide information ensues...more

Dentons

Navigating Wage and Hour Challenges

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Healthcare entities have faced increasing pressure from the Department of Labor regarding wage and hour issues. Some of this is a hangover from COVID and the long hours many healthcare workers endured trying to meet the needs...more

Roetzel & Andress

Illinois Supreme Court Holds Overtime Rate Must Include Non-Discretionary Bonuses Unless They Are Gifts

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The Illinois Supreme Court held employers violate overtime law by not including non-discretionary bonus payments when calculating employees’ overtime rate. The case is Mercado v. S&C Electric Co., 2025 IL 129526 (Jan. 24,...more

Stevens & Lee

Special Fraud Alert: Suspect Payments in Marketing Arrangements Related to Medicare Advantage and Providers

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On Dec. 11, 2024, the OIG issued a Special Fraud Alert (Alert) related to certain fraud and abuse risks associated with marketing arrangements between Medicare Advantage Organizations (MAOs) and health care professionals...more

Constangy, Brooks, Smith & Prophete, LLP

The Holiday Pay Playbook: Regular rate, holiday bonuses, and California overtime

California wage and hour law is never so confusing as during the holiday season. Beyond making sure that employees receive their paychecks on time, employers must correctly determine the “regular rate of pay" so that they can...more

Littler

Cutting Hazard Pay is Hazardous: Third Circuit Admonishes Nursing Home for Stopping COVID-19 Bonuses

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In Alaris Health at Boulevard East v. National Labor Relations Board, Case Nos. 23-1946 and 23-1976 (3d Cir. Dec. 9, 2024), the U.S. Court of Appeals for the Third Circuit enforced the National Labor Relation Board’s decision...more

BakerHostetler

Is Your Payroll Department Ready to Close Out 2024 and to Start 2025?

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The FLSA’s minimum wage and overtime requirements do not apply to any employee employed in a bona fide executive, administrative, or professional (EAP) capacity, nor do they apply to highly compensated employees who perform...more

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

Stay Off the Naughty List: Mistakes to Avoid With Holiday Gift Giving

Many employers give holiday gifts to boost workforce morale and spread holiday cheer. But that purpose will not be fulfilled if the gifts turn out to be insulting or a tax burden for employees....more

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

Status of Mexico President Claudia Sheinbaum’s Labor and Employment Bills During Her First 100 Days in Office

The newly elected, current session of Mexico’s legislative branch, the Congress of the Union, convened on September 1, 2024. Mexican President Claudia Sheinbaum’s administration commenced with her inauguration on October 1,...more

Amundsen Davis LLC

National State Employment Law Update - November 2024

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In this brief update, we detail several changes impacting employers in jurisdictions across the nation. California- •California’s Department of Industrial Relations issued updated FAQs for the State’s Private Attorney...more

Mintz - Employment Viewpoints

Closing the Wage Act Door on Contingent Bonuses?: Massachusetts Court Holds Contingent Retention Bonus Not a “Wage” Under...

Earlier this year, we highlighted that the Massachusetts Wage Act (the “Wage Act”), while providing powerful protections to Massachusetts workers, does not apply to a profit-sharing arrangement tied to an employer’s overall...more

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

Retention Bonus Found Not to Constitute ‘Wages’ Under the Massachusetts Wage Act

On September 6, 2024, the Appellate Division of the Massachusetts District Court held in Nunez v. Syncsort Incorporated that a retention bonus that the defendant-employer allegedly owed to the plaintiff, its former employee,...more

Holland & Knight LLP

Main Commitments and Initiatives on Labor Matters of the New Mexican Government

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During her inauguration as president of Mexico on Oct. 1, 2024, Claudia Sheinbaum presented the key commitments of her government plan for the next six years. Her agenda includes several labor-related proposals, as well as...more

Morgan Lewis

Singapore High Court Holds Employee Lawfully Terminated for Failure to Meet Performance Ratio, Not Entitled to Damages or Unpaid...

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In BGC Partners (Singapore) Ltd and another v Sumit Grover [2024] SGHC 206 (BGC v Grover), the Singapore High Court allowed the employer’s claim for recovery of an unpaid loan with contractual interest from a former employee...more

Perkins Coie

Massachusetts Court Finds Retention Bonuses Are Not Wages

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A Massachusetts state appellate court recently ruled a retention bonus is a form of “contingent compensation” not subject to Massachusetts’s wage laws.  In Nunez v. Syncsort, Inc., No. 23-ADCV-63, employee Carlos Nunez...more

Shook, Hardy & Bacon L.L.P.

Retention Bonus Not Wages Under Massachusetts Law, Appeals Court Finds

In a recent decision, the Massachusetts Appellate Division of the District Court Department affirmed the trial court’s award of summary judgment in favor of an employer that had argued that a retention bonus did not...more

ArentFox Schiff

An Opportunity for Review: What Are ‘Wages’ Under the Massachusetts Wage Act?

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In a rare positive decision for employers in Massachusetts, one of the Commonwealth’s district appellate courts held that a retention bonus is not a wage under the Massachusetts “Wage Act” (G.L. c. 149, § 148). Massachusetts’...more

Fisher Phillips

How Will the New Overtime Rule Impact Your Business This Comp Season? 10 Tips for Employers

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As the final quarter of 2024 begins, many employers are turning to the year-end review process. While you’re planning for raises, bonuses, and other employee incentives this comp season, you’ll need to account for the new...more

Whiteford

Employment Law Update: Two New Maryland Employment Laws Set to Take Effect on October 1, 2024

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During this year’s legislative session, the Maryland General Assembly passed new laws requiring employers to disclose certain wage information when posting job openings, as well as requirements to provide existing employees...more

Rivkin Radler LLP

New York’s Tax Treatment of Compensatory Restricted Stock and Dividends in the Hands of a Nonresident Executive

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As far back as I can remember, the end of August has always elicited a sense of dread comparable to what many schoolchildren, and a fair number of adults, experience every Sunday afternoon. In retrospect, I cannot say that...more

Baker Botts L.L.P.

Form SD Deadline Approaching for Resource Extraction Issuers: Reminder and FAQs

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As previously discussed in our Client Alert issued on December 18, 2020 (available here), the U.S. Securities and Exchange Commission (the “Commission”) adopted its final rule (the “Final Rule,” available here) requiring...more

Fisher Phillips

Reclassifying Employees to Non-Exempt Status? Consider a “Percentage Bonus” to Avoid Costly Overtime Pay Mistakes

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Many employers are planning to reclassify employees to non-exempt status now that the Labor Department is significantly raising the salary threshold for employees to be exempt from overtime pay. You likely know that...more

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