News & Analysis as of

Performance Incentives

Examiners are Carefully Scrutinizing Financial Institutions’ Compensation Arrangements

by Ruder Ware on

It has come to our attention that some examiners have recently been carefully scrutinizing financial institutions’ employee compensation arrangements. Although it now appears unlikely that the proposed Dodd-Frank rules on...more

The Impact of Pending Tax Reform on Executive Compensation: The Need for Deductive Reasoning

by Latham & Watkins LLP on

Proposed US tax reform may impact the deductibility of executive compensation programs and companies should evaluate any potential tax planning opportunities in 2017 and the impact of the proposed changes going...more

House Tax Bill Would Fundamentally Change Executive Compensation and Employee Benefit Practices

by Morrison & Foerster LLP on

On November 2, 2017, the House Ways and Means Committee unveiled the Tax Cuts and Jobs Act (the “Bill”), which, if enacted, could dramatically impact certain aspects of executive compensation and employee benefit issues. The...more

Should You Offer Bonuses To Your Gig Workers? That Is The Question.

by Fisher Phillips on

Prior to the explosion of the gig economy, many workers sought fulltime, traditional employment options. Many of these individuals wanted a salary, benefits, and overall employment stability. Nowadays, however, many workers...more

Executive Compensation Under the Tax Cuts and Jobs Act: The End of Executive Compensation As We Know It

If enacted, the newly proposed Tax Cuts and Jobs Act would effectively put an end to many of the most widely used forms of executive compensation: - Deferred compensation and stock options would disappear. - Use of...more

Five Exercises for Toning Up a Law Firm’s Large Middle Section

by Hayse LLC on

Law firms look around and see that the attorney pyramid structure is crumbling or gone. In its place is an indistinct shape that often includes an oversized group of experienced lawyers not worthy, at least yet, of ownership....more

Straight Talk About Incentive Compensation

by Foley & Lardner LLP on

Many employers offer compensation packages that include a mix of both base compensation (guaranteed wages or salary) and incentive compensation (at-risk variable compensation). While base pay tends to be relatively...more

ISO 37001: Risk Assessments, Employees, and Due Diligence Requirements (Part IV of V)

by Michael Volkov on

In Part IV of my series on ISO 37001, I examine requirements relating to risk assessments, design of policies and procedures, and due diligence requirements. Section 4.5 sets out requirements for conducting risk...more

Trump Tax Proposal Could Create Compensation-Related Opportunities

The Trump administration’s proposed overhaul of the federal income tax system includes a reduction of the maximum federal corporate income tax rate from 35 percent to 15 percent. If enacted, the proposal — a one-page outline...more

The Challenge of “Coasters” in Prospective Compensation Systems

by LawVision Group LLC on

There are many positive aspects to prospective Partner compensation systems but they have one glaring weakness that many law firm leaders wrestle with – what to do with a Partner who appears to be “coasting” and taking...more

Germany: Performance Target Agreements and Objectives

by Littler on

Employees in Germany with a bonus arrangement can claim variable compensation if they meet their agreed-upon or specified performance targets. The level of variable compensation upon full achievement of these targets is...more

Hotel California and Wells Fargo-You Can Check Out, But Can You Leave?

by Thomas Fox on

Today, we celebrate The Eagles most famous song, Hotel California. It all started with a Don Felder cord progression and according to the Financial Times (FT) column The Life of a Song, it had a “fusion of Hispanic melody and...more

The Axe Falls on Wells Fargo – A Scathing Independent Report (Part II of III)

by Michael Volkov on

In a scathing report, the independent directors at Wells Fargo released their findings and actions based on a comprehensive internal investigation of Wells Fargo’s sales abuses. Based on its findings, Wells Fargo’s...more

Alberta Law Clarified on Scope of Good Faith in Contract and Incentive Pay Eligibility

by Field Law on

Styles v. Alberta Investment Management Corporation, 2017 ABCA 1 (Styles) was the first decision rendered by the Court of Appeal of Alberta in 2017, and contains some noteworthy ramifications for employers. This case dealt...more

US Consumer Financial Protection Bureau Issues Bulletin on Detecting and Preventing Consumer Harm from Production Incentives

by Shearman & Sterling LLP on

The US Consumer Financial Protection Bureau issued a bulletin warning banks that creating incentives for employees and service providers to meet sales and other business goals can lead to illegal sales practices such as...more

CFPB warns financial companies: tying employee incentives to sales may lead to fraud or consumer abuse

by DLA Piper on

The CFPB has issued a bulletin warning financial companies that tying employee incentives to unrealistic sales goals or to terms of transactions may lead to consumer harm if not properly managed. ...more

FRANCHISEE 101: What to Do About Franchisor’s Harmful New Policies

by Lewitt Hackman on

Franchisees aren't always excited when their franchisor introduces a new policy. But if a new policy overreaches and might doom a franchisee's business, can it be stopped before it starts?...more

CMS Announces Major Multi-Payer Comprehensive Primary Care Plus (CPC+) Model

by Reed Smith on

CMS has launched a new “Comprehensive Primary Care Plus” (CPC+) model to improve how primary care is delivered and reimbursed. According to CMS, the CPC+ initiative (which builds on the ongoing Comprehensive Primary Care...more

The First Circuit's FWW Decision and Its Impact on Oilfield Employers

On February 12, 2016, the First Circuit Court of Appeals affirmed a lower court’s decision that an employer may use the fluctuating workweek (FWW) method to calculate overtime pay rates even when an employee’s weekly pay...more

First Circuit Approves Use of FWW Method for Pay That Varies Due to Performance-Based Commissions

The First Circuit Court of Appeals recently affirmed a lower court’s decision that an employer may use the fluctuating workweek method to calculate overtime pay rates even when an employee’s weekly pay varies because of...more

Affirming Common Sense: Appeals Court Rejects Plaintiff’s “Two Rights Make A Wrong” Theory Involving Fluctuating Workweek Method

by Seyfarth Shaw LLP on

The U.S. Court of Appeals for the First Circuit recently sided with an ever-increasing line of cases clarifying the type of payments that may be added to a fixed salary without violating the fluctuating workweek method...more

What Good Compliance Looks Like: Part II

In a prior post, I shared the view of a CEO of a Fortune 500 company, who launched his talk at a compliance event by asking “what does good look like?” In that post, I concluded with how “I spent the better part of my career...more

Incentivizing Performance in Cloud and Outsourcing Contracts: Key Points

by McGuireWoods LLP on

Defining and incentivizing high-quality performance is often key to the structure of complex service or technology-oriented agreements. In this class of agreements, merely having a performance warranty that answers a yes or...more

Also In The News - Health Headlines - July 2015 #3

by King & Spalding on

New Five-Star Rating System Released for Home Health Agencies – On July 16, 2015, CMS released a new five-star rating system for home health agencies, applying the new quality measure to over 9,000 agencies based on whether...more

A Plain English Guide to the SEC's Compensation Clawback Rules

As accounting restatements occur relatively infrequently, and the severity is often modest, the proposed “clawback” rules represent more of a "check the box" compliance activity than a real enforcement threat....more

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