News & Analysis as of

Employer Liability Issues Executive Compensation

Skadden, Arps, Slate, Meagher & Flom LLP

FAQs About the FTC’s Broad New Ban on Noncompetes

When the Federal Trade Commission (FTC) issued its long-awaited final rule banning virtually all noncompete clauses between workers and employers, it also published 500-plus pages of commentary....more

Verrill

Section 457(f) Plans and Noncompete Clauses: What the IRS Gave, the FTC May Take Away

Verrill on

When the IRS published proposed regulations harmonizing key provisions of Code Sections 409A and 457(f) in 2016, executive compensation lawyers and consultants rejoiced. It was not just that a long wait was over (roughly nine...more

Holland & Hart - The Benefits Dial

Sweet Child O’Mine – Business Transition with Benefits

Owners of closely held businesses, particularly first-generation owners, often have a difficult time finding a suitable succession plan. These owners are faced not only with phasing out of their labor of love, but choosing a...more

Morgan Lewis - ML Benefits

Executive Compensation and Employee Benefits Fallout After Sweeping FTC Ban on Noncompetes: Part 3—Impact on Mergers and...

This is the third part of a multi-part blog post series discussing the implications and fallout from the Final Rule recently adopted by the Federal Trade Commission (FTC), banning the enforcement of almost all noncompete...more

Mayer Brown

Guide to Employment Law in Hong Kong

Mayer Brown on

Overview - The primary piece of legislation, the Employment Ordinance (the “EO”), prescribes certain basic rights and protection for most employees. The EO applies to every employee engaged under a contract of employment...more

Troutman Pepper

Navigating Noncompetes: A Comprehensive Guide – Part 1 – Hiring to Firing Podcast

Troutman Pepper on

In the first episode of this two-part series, our Labor + Employment and Employee Benefits + Executive Compensation practices join forces and provide a comprehensive overview of noncompete agreements. Troutman Pepper Partners...more

Lowenstein Sandler LLP

Best Practices for Successful Employee Onboarding

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A well-thought-out hiring process can help companies not only attract and retain top talent, but it can also ensure that companies meet legal obligations, obtain necessary protections, and avoid costly mistakes. In this...more

Bradley Arant Boult Cummings LLP

IRS Announces Transition Period for Roth Catch-Up Contributions

The Internal Revenue Service (IRS) has announced a two-year administrative transition period that delays until 2026 the new rule that catch-up contributions made by certain higher‑income participants in 401(k), 403(b), and...more

Lowenstein Sandler LLP

WFH: How to Set Expectations for a Remote Workforce and Comply with Disparate State Employment Laws

Lowenstein Sandler LLP on

Today on Just Compensation, Megan Monson, Julie Levinson Werner, Taryn E. Cannataro, and Amy C. Schwind discuss some of the issues an employer must consider as the workforce becomes increasingly remote. They recommend that...more

Bradley Arant Boult Cummings LLP

SECURE 2.0: Changes Affecting 403(b) Plans

Enacted last December as part of omnibus appropriations legislation, the “Securing a Strong Retirement Act of 2022” (SECURE 2.0) includes a number of provisions that have an impact on retirement plan administration. In...more

Bradley Arant Boult Cummings LLP

The End of the COVID-19 Public Health Emergency: Federal Agencies Clarify Coverage Implications for Group Health Plans

With the COVID-19 Public Health Emergency (PHE) set to end on May 11, 2023, the Department of Labor, Department of the Treasury, and Department of Health and Human Services (the “departments”) have published FAQs explaining...more

Miller Nash LLP

Tech Layoffs Give Employers and Employees Important Reminder to Review Equity Compensation Terms

Miller Nash LLP on

The end of 2022 and the beginning of 2023 have been filled with news of tech layoffs, including the notable FAANG companies (Meta, Apple, Amazon, Netflix, Alphabet) and smaller, privately held companies. The cause of these...more

Williams Mullen

[Event] Benefits Forum 2022: Retirement Plans - Risks, Rewards & What's Ahead - September 22nd, Richmond, VA

Williams Mullen on

This hybrid event offers two options for attendance: in-person or webinar. Both options will have an interactive experience and SHRM credit, so choose the method that works best for you. Topics include: > SECURE Act...more

Morgan Lewis - ML Benefits

Ready for a Sale? Part 2: Change in Control Provisions and Treatment of Outstanding Equity Compensation

This blog post is Part 2 in the “Ready for a Sale?” series, which is aimed at getting the human resources, benefits, and executive compensation functions of your organization ready for a potential sale or similar corporate...more

Morgan Lewis - ML Benefits

Ready for a Sale? Part 1: Prepare Executive Compensation Arrangements and Employee Benefit Plans

In light of the active M&A market, we think this spring could be an ideal time for companies to evaluate the order of their executive compensation arrangements and employee benefit plans, particularly companies that are...more

Verrill

How many participants is too many for a top hat plan?

Verrill on

A client recently reviewed a census of participants in its deferred compensation plan and found that the covered group amounted to nearly 15% of its total workforce. Mindful of the need to limit the number of participants in...more

Poyner Spruill LLP

2022 Limits for Benefits Plans

Poyner Spruill LLP on

A new year means new limits for benefit plans. Our Employee Benefits team has prepared a reference card to help you understand the 2022 limits, as well as a snapshot of limits from previous years. ...more

Faegre Drinker Biddle & Reath LLP

Employers – Check Your Severance Arrangements Now!

If employees are required to provide proof of COVID-19 vaccination or a timely negative COVID-19 test, and/or wear a mask as a condition of employment (COVID-19 Policies), and an employee is terminated for violating a...more

Epstein Becker & Green

DOL Guidance for Retirement Plan Fiduciaries in Search of Missing Participants

Epstein Becker & Green on

The U.S. Department of Labor (“DOL”) recently issued important guidance (“Guidance”) for retirement plan sponsors and fiduciaries on their obligations to find missing participants entitled to retirement plan benefits....more

Skadden, Arps, Slate, Meagher & Flom LLP

UK Employment Flash - February 2021

In this issue of UK Employment Flash, we examine the latest employment law developments, news and insights from the UK, including considerations for employers requiring staff to get the COVID-19 vaccine, the delayed rollout...more

Blank Rome LLP

Delaware Court Preserves McDonald’s Right to Seek Clawback of Ex-CEO’s Severance Benefits

Blank Rome LLP on

A recent decision by the Delaware Chancery Court in the clawback litigation between McDonald’s Corporation and its former CEO highlights the meaning and impact of a common contractual provision: the “integration clause.” Such...more

Robins Kaplan LLP

Financial Daily Dose 10.23.2020 | Top Story: CA Appeals Court Tells Uber and Lyft to Treat Drivers as Employees

Robins Kaplan LLP on

A California appeals court has affirmed a lower court decision requiring Uber and Lyft to “treat their California drivers as employees, providing them with the benefits and wages they are entitled to under state labor law.”...more

Williams Mullen

[Webinar] Helping Employers Navigate the CARES Act & FFCRA Provisions - April 17th, 11:00 am - 12:00 pm EST

Williams Mullen on

While the Coronavirus Aid, Relief, and Economic Security (CARES) Act and the Families First Coronavirus Response Act (FFCRA) were created to provide economic relief to businesses and individuals impacted by the COVID-19...more

Williams Mullen

[Webinar] COVID-19 Employment and Employee Benefits Law Considerations - April 3rd, 10:00 am - 10:30 am EST

Williams Mullen on

This webinar, which is part of a series organized by the Hampton Roads Business Recovery Taskforce, will address COVID-19 employment and employee benefits law considerations....more

Robins Kaplan LLP

Financial Daily Dose 1.13.2020 | Top Story: Labor Dept. Issues Stricter Joint Employer Test in New Rules

Robins Kaplan LLP on

Sunday’s release of a long-awaited Labor Department final rule on joint employment spells trouble for workers hoping to “sue large companies for wrongdoing by contractors or franchisees.” The rule reverses Obama-era policies...more

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