News & Analysis as of

Compensation & Benefits Comment Period

Skadden, Arps, Slate, Meagher & Flom LLP

IRS Announces Proposed 162(m) Regulations Defining the Scope of Expanded Covered Employees

On January 16, 2025, the IRS and the Department of the Treasury published proposed regulations relating to Section 162(m) of the Internal Revenue Code. The proposed regulations provide guidance on, and implement, the...more

Morgan Lewis - ML Benefits

New IRS Q&A Regarding EPCRS Expansion Answers Some – But Not All – Questions

The Internal Revenue Service (IRS) released Notice 2023-43 (Notice) on May 25, which provided guidance regarding the expansion of the IRS’s Employee Plans Compliance Resolution System (EPCRS) mandated by Section 305 of the...more

Mayer Brown Free Writings + Perspectives

SEC Reopens Clawback Comment Period…Again

On June 8, 2022, the US Securities and Exchange Commission (“SEC”) issued a release (“New Reopening Release“), reopening the comment period on the clawback listing standard rules that it proposed in 2015 (“2015 Proposal“). At...more

Mayer Brown Free Writings + Perspectives

The SEC’s Pay-versus-Performance Disclosure Proposal is Back

On January 27, 2022, the US Securities and Exchange Commission (SEC) reopened the comment period for the proposed “pay-versus-performance” rules mandated by the Dodd-Frank Act, which would require disclosure of information...more

Mintz Edge

"Gig" Workers May Become Eligible to Receive Equity Compensation

Mintz Edge on

The Securities and Exchange Commission (the “SEC”) recently voted to propose temporary rules to permit companies to provide equity compensation to certain workers known as “gig” or “platform” workers....more

Fisher Phillips

Paying Gig Workers In Company Stock Might Soon Be An Attractive Option (Emphasis On “Might”)

Fisher Phillips on

The federal government has taken another step to further incentivize highly skilled workers to join the gig economy: it has proposed rules that would permit publicly held gig companies to offer equity compensation to their...more

Polsinelli

OFCCP Proposes Rulemaking to Codify Compliance Evaluation Procedures

Polsinelli on

On December 30, 2019, OFCCP issued a Notice of Proposed Rulemaking on Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination....more

Littler

WPI Wage Watch: Minimum Wage, Tip, and Overtime Developments (December 2019 Edition)

Littler on

We remember when legislative and regulatory developments rarely occurred in December, but those days are behind us. A Reminder About New Year's Eve & New Year's Day Rate Increases: Many minimum wage, tipped and exempt...more

Kramer Levin Naftalis & Frankel LLP

New Section 162(m) Proposed Regulations

The Tax Cuts and Jobs Act of 2017 (TCJA) made significant changes to Section 162(m) of the Internal Revenue Code (Section 162(m)), expanding the scope of individuals and entities subject to Section 162(m), in addition to...more

A&O Shearman

IRS Issues 162(m) Proposed Regulations

A&O Shearman on

On December 16, 2019, the IRS issued proposed regulations under Section 162(m) of the Internal Revenue Code (the “Proposed Regulations”). The Proposed Regulations respond to comments made on Notice 2018-68 (the “Notice”),...more

WilmerHale

IRS Issues Proposed Regulations Under Code Section 162(m)

WilmerHale on

The 2017 Tax Cuts and Jobs Act (TCJA) significantly amended Internal Revenue Code Section 162(m), which generally disallows the deduction of compensation in excess of $1 million paid by a “publicly held corporation” to a...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - December 2019

Seyfarth Shaw LLP on

WHD Rulemakings Full Speed Ahead. This is a busy time for the Wage & Hour Division’s regulatory agenda. Early in the week, the White House approved its final rule updating the regular rate regulations. The updates are...more

Akerman LLP - HR Defense

Just In Time For Holiday Bonuses: Proposed New Guidance On “Fixed Salary”

Employers who compensate non-exempt employees based on the “fluctuating work week” method, take note. Last month, the Department of Labor issued a proposed rule that would permit employers to supplement the salaries of such...more

Seyfarth Shaw LLP

WHD Proposes Rule on Fluctuating Workweek

Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Department of Labor’s Wage & Hour Division issued a proposed rule on the fluctuating workweek method of pay. The proposal continues a regulatory saga started in 2008, and clarifies that payments in...more

Hogan Lovells

D.C. Universal Paid Leave Update: Proposed Benefits Regulations (Coordinating Paid Leave Policies –the Devil Is In The Details)

Hogan Lovells on

On August 9, 2019, the D.C. Office of Employment Services (DOES) took another step toward full implementation of D.C.’s Universal Paid Leave Amendment Act of 2016 (UPLA) by issuing proposed benefits regulations. In a recent...more

Holland & Knight LLP

DOL Issues Long-Awaited Proposed Guidance on Application of "Regular Rate" of Pay

Holland & Knight LLP on

• The U.S. Department of Labor has proposed a rule updating the calculation of a nonexempt employee's regular rate of pay for overtime pay purposes. • The proposed rule is intended to better reflect the modern workplace...more

Proskauer - Employee Benefits & Executive...

New Excise Tax For Tax-Exempts Can Ensnare For-Profit Employers: Comment Deadline Fast Approaching

As discussed, the IRS’s initial interpretation of a new excise tax under Section 4960 of the Internal Revenue Code could catch for-profit employers who set up foundations, trusts, PACs, and other tax-exempt entities off...more

Holland & Knight LLP

IRS Notice Provides Guidance for Exempt Organizations on Excise Tax

Holland & Knight LLP on

• The Internal Revenue Service (IRS) released IRS Notice 2019-09 (Notice) offering guidance under Section 4960 of the Internal Revenue Code as added by the Tax Cuts and Jobs Act. • Section 4960 applies to certain...more

Seyfarth Shaw LLP

Issue 117: DOL Issues Proposed Rules On Association Health Plans

Seyfarth Shaw LLP on

This is the one hundred and seventeenth issue in our series of alerts for employers on selected topics on health care reform. This series of Health Care Reform Management Alerts is designed to provide an in-depth analysis...more

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