News & Analysis as of

Compensation & Benefits

California Supreme Court Confirms Special State Rule on Calculating Overtime Premiums Arising From Bonuses

In Alvarado v. Dart Container Corporation of California, the California Supreme Court clarified how a flat sum bonus – a bonus that is independent of the number of hours worked by an employee – must be enhanced to comply with...more

New Tax Law Affects Executive Compensation

by LeClairRyan on

The final tax reform bill signed by President Trump on December 21, 2017 makes substantial changes to executive compensation paid by private and public companies and non-profit organizations. But it could have been worse. ...more

Calculating Overtime Pay When Paying a Flat Sum Bonus in a Single Pay Period

by Carlton Fields on

Failing to comply with last week’s California Supreme Court order concerning overtime pay and lump sum bonuses may expose you to costly class actions like so many other California employers....more

Outdated Partner Comp Plans Are an Obstacle to Growth

by Timothy Corcoran on

The old models of partner compensation are increasingly keeping firms from the client-focused culture needed to succeed today. In the March 2018 issue of American Lawyer, I discuss how partner compensation can accelerate,...more

CEO Pay Ratio Checklist

Many issuers are currently either finalizing their first pay ratio disclosure, or are beginning the process of identifying their median employee. We developed a comprehensive step-by-step checklist with practice tips to help...more

California Supreme Court Determines How Flat Sum Bonuses Factor into Overtime Calculation

by Littler on

The California Supreme Court recently decided the question of how an employee’s overtime pay rate should be calculated when the employee has earned a flat sum bonus during a single pay period....more

California Supreme Court Deviates From Federal Regulations on Calculating Regular Rate of Pay on Flat Rate Bonuses

by Snell & Wilmer on

On March 5, 2018, the California Supreme Court decided Alvarado v. Dart Container Corp., and formally diverged from the federal regulations on calculating overtime for flat rate bonuses....more

California Supreme Court's Recent Overtime Ruling Likely to Cause Payroll Problems

by FordHarrison on

On March 5, 2018, the California Supreme Court issued a ruling clarifying how employers must handle flat-sum bonuses (i.e., additional compensation that does not change depending on the number of hours worked by an employee)...more

Changes to 162(m) Made by Tax Cuts and Jobs Act

The final Tax Cuts and Jobs Act (the “Act”) signed into law December 22, 2017, and effective January 1, 2018, contained three significant changes to Internal Revenue Code section 162(m) in connection with reducing the...more

Tax Cuts and Jobs Act: Implications for Public Company Executive Compensation Programs

by Snell & Wilmer on

The Tax Cuts and Jobs Act (the “Tax Act”) has significant implications for public company executive compensation plans for tax years beginning after December 31, 2017 and will likely have a considerable impact on the future...more

What Every Employer Needs To Know About The Tax Reform Law

by Fisher Phillips on

Late last year, Congress passed the Tax Cuts and Jobs Act (the “Act”) and it was quickly signed by the President. The Act seeks to reform the current tax system and contains numerous provisions that may be significant to...more

New Disability Claims Procedures May Apply to Qualified and Nonqualified Retirement Plans, Too

As mentioned in our recent blog, the date for complying with the new disability claims procedures (April 2, 2018) is rapidly approaching. In addition to making sure disability plans comply with the new rules, employers...more

California Changes the Rules for Calculating Overtime on Employee Bonuses

by Foley & Lardner LLP on

The California Supreme Court just threw employers a serious curveball with respect to how employers must calculate overtime. And it did so by claiming employers should have known of this calculation method even though the...more

Deep Dive: Association Health Plans - Part 1

by Bryan Cave on

On October 12, 2017, President Trump signed a “Presidential Executive Order Promoting Healthcare Choice and Competition Across the United States” (the “Executive Order”) to “facilitate the purchase of insurance across State...more

Review of Qualified Plan Compensation Definition May be Needed Due To Tax Reform

by Snell & Wilmer on

Tax reform made few changes that directly impact qualified retirement plans; however, it made some changes that may indirectly impact qualified retirement plans. We previously blogged on the indirect changes that tax reform...more

Have You Properly Prepared for a WPA Audit?

by FordHarrison on

Audits of compliance with the Wage Parity Act ("WPA") are on the rise. The NYS Attorney General's Medicaid Fraud Unit, Medicaid Inspector General ("OMIG"), and Department of Labor ("DOL") are all auditing home care agencies....more

2017 New Tax Law: Executive Compensation Reform

by Blank Rome LLP on

On December 20, 2017, Congress passed its comprehensive tax reform bill, the Tax Cuts and Jobs Act (the “Act”), which was signed into law by President Trump on December 22, 2017. The Bill represents one of the most extensive...more

Labor & Employment E-Note - February 2018

by Burr & Forman on

According to the Weekly U.S. Influenza Surveillance Report, as of the February 10, 2018 week’s end, influenza activity remained elevated across the United States. The 2017-2018 flu season has been intense – so much so that...more

Decoding the Tax Cuts and Jobs Act – Part VI: Employment and Fringe Benefit Related Provisions

by Garvey Schubert Barer on

BACKGROUND - The Tax Cuts and Jobs Act (“TCJA”) creates, modifies or eliminates a number of employment and employee fringe benefit related provisions of the Code. Both employers and employees need to be aware of these...more

California Supreme Court Gears Up for Showdown Over the Scope of Vested Public Pension Rights

by Nossaman LLP on

In the latest twist in California’s pending vested rights litigation, parties on all sides of Alameda County Deputy Sheriff’s Assn. et al v. Alameda County Employees’ Retirement Assn., et al. (2018) 19 Cal.App.5th 61...more

Multi-Billion Dollar Japanese Tech Conglomerate to Process Salaries in Bitcoin

GMO Internet Inc. (“GMO”) is a Japanese-based tech conglomerate with over 4,700 full-time employees and a market cap of over 200 billion yen. Since May 2017, the organization has taken steps to enter the cryptocurrency space,...more

Rollover of Qualified Plan Loan Offsets: Will the Tax Bill Have an Impact?

by K&L Gates LLP on

Retirement plan “leakage” — premature distribution of retirement plan assets — has been a significant focus of retirement plan policy for a number of years. One primary source of leakage is retirement plan loan defaults. In a...more

Association Health Plans and the Sale of Group Health Insurance “Across State Lines”

In advance of issuing the Executive Order that culminated in the promulgation by the Department of Labor of proposed regulations expanding the availability of Association Health Plans, President Trump announced that one of...more

Employment & Benefits News and Developments

by Sullivan & Worcester on

NEW TAX LAW MAKES CHANGES TO COMMUTING BENEFITS - ...The Tax Cuts and Jobs Act of 2017 (“TCJA”) generally eliminates employer deductions for commuter transportation and parking fringe benefits. This includes deductions...more

Insights Into Tax Reform’s Radical New Game Plan for Tax Exempt

by Winstead PC on

The new tax law brought an unpleasant surprise for many tax-exempt organizations by imposing a 21 percent excise tax on compensation in excess of $1 million and on certain ‘‘parachute payments.’’ Organizations, including...more

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