News & Analysis as of

Bonuses Remuneration

A&O Shearman

Bankers bonus cap lifted - what does it mean for the banks

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PRA and FCA plans to remove the bankers’ bonus cap requirements have been accelerated, giving banks flexibility to depart from a strict regulatory cap with immediate effect....more

Stevens & Lee

OIG Issues Favorable Opinion Concerning Bonus Payments to Employed Physicians

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The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently considered the question whether an employed physician can be paid bonus compensation relating to procedures performed by the...more

Paul Hastings LLP

The U.K. Abolishes the Bonus Cap for Banks

Paul Hastings LLP on

The PRA and FCA have announced that the U.K. will be removing the bonus cap for individuals working in U.K. banks. The U.K.’s remuneration rules for the banking and financial services sector were introduced in the wake of...more

Littler

Clawback clauses in the Netherlands can be a risky business

Littler on

"Clawback clauses" state that employees must refund all or part of their variable bonus if it is determined that the bonus should not have been paid out in the first place. ...more

Proskauer Rose LLP

UK Tax Round Up - July 2021

Proskauer Rose LLP on

In Haworth v HMRC the Supreme Court (SC) upheld the Court of Appeal’s (CA’s) decision to quash a follower notice (FN) and accelerated payment notice (APN) issued to the taxpayer, Mr Haworth. An FN can be issued by HMRC where...more

Epstein Becker & Green

Fifth Circuit Concludes Employees Must Prove That a Bonus Payment Should Be Included in FLSA Regular Rate

Epstein Becker & Green on

In a case of first impression for the Fifth Circuit Court of Appeals, a Fifth Circuit panel has ruled that it is the employee, not the employer, who has the burden to establish that bonus payments are non-discretionary and,...more

Troutman Pepper

Agreement Between the Parties Dictates Whether a Third Party Bonus Should be Included in the Calculation of Overtime Pay

Troutman Pepper on

Q.  A client of my company asked whether it could offer production bonuses to our employees who deliver their work product prior to the deadline.  Does the FLSA require my company to account for these third-party bonuses when...more

Jackson Lewis P.C.

Third-Party Bonuses Are Not Necessarily “Remuneration” For Overtime Purposes, Third Circuit Holds

Jackson Lewis P.C. on

When an employer permits its employees to participate in a bonus program offered by the employer’s client, based on the work performed for that client, those bonuses do not always qualify as “remuneration for employment” that...more

Jones Day

The Tricky Issue of Repayment of a Bonus under German Law

Jones Day on

Some employers like the concept that employees must repay a bonus if the employee is no longer employed as of a certain date. This may be permissible in Germany, but only under narrow circumstances. On June 27, 2018, the...more

Cadwalader, Wickersham & Taft LLP

The EBA’s New Remuneration Guidelines: Expanding the Scope of the Bonus Cap

On 21 December 2015 the European Banking Authority (“EBA”) published its final guidelines on sound remuneration policies (the “Guidelines”), together with its opinion on proportionality (the “EBA Opinion”)....more

Skadden, Arps, Slate, Meagher & Flom LLP

"Banker Bonuses: UK and EU Remain on Collision Course"

Since 1 January 2014, the EU’s Capital Requirements Directive (CRD)1 has required EU-regulated banks (EU Banks) to limit variable compensation paid to key bank staff to 100 percent of their fixed compensation (or 200 percent...more

Orrick - Employment Law and Litigation

Germany: Bonus Cap for Bank Staff Introduced

In Germany, remuneration of managers in general has increasingly come into public and political focus. Over the last years, the German legislator enacted several law reforms concerning managers’ pay. Very recently, the...more

Latham & Watkins LLP

Autumn 2013 UK Remuneration Update  

Latham & Watkins LLP on

Updates for UK listed and regulated companies on incoming “say on pay” rules, the UK challenge to the EU “bonus cap” and new guidance on AIFMD remuneration rules. This Client Alert summarises three key developments...more

Orrick - Finance 20/20

European Banking Authority Publishes Responses to Consultation Paper on the Definition of Material Risk Takers for Remuneration...

Orrick - Finance 20/20 on

The European Banking Authority (EBA) published a list of responses received to its May 2013 consultation paper on draft regulatory technical standards on criteria to identify categories of staff whose professional activities...more

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