News & Analysis as of

Profit Sharing

Mintz - Employment Viewpoints

Closing the Wage Act Door on Contingent Bonuses?: Massachusetts Court Holds Contingent Retention Bonus Not a “Wage” Under...

Earlier this year, we highlighted that the Massachusetts Wage Act (the “Wage Act”), while providing powerful protections to Massachusetts workers, does not apply to a profit-sharing arrangement tied to an employer’s overall...more

Holland & Hart - The Benefits Dial

Both Sides Now… Must Be Alert to Cybersecurity

by Becky Achten New guidance from the Employee Benefits Security Administration (EBSA) affirms that both sides—retirement plans and welfare plans—must take steps to secure participant data from cybercrime. In 2021 the...more

Sheppard Mullin Richter & Hampton LLP

DC Attorney General Settles with Title Insurance Companies Over Alleged Kickback Scheme

On August 29, the DC Attorney General’s office announced settlements with four title insurance companies over their widespread use of illegal kickbacks in violation of DC’s Consumer Protection Procedures Act (CPPA). Under the...more

Awatif Mohammad Shoqi Advocates & Legal...

Investment and Profit Sharing of Shareholders: How to Amend the Share Memorandum

Investment is a cornerstone of corporate governance under Federal Decree-Law No. 32/2021 on Commercial Companies Law (Companies Law), where shareholders play a pivotal role in the financial health and prosperity of a company....more

Proskauer Rose LLP

Proskauer's Hedge Start: Seed Investments

Proskauer Rose LLP on

Seed investment deals between a new hedge fund manager and a seed investor can be a key first step to launching a first fund. In a typical seed investment deal, the seed investor commits to make a founding investment in a new...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mexico’s Supreme Court Rules That the Cap to Profit Sharing Payments Is Constitutional

On April 3, 2024, the Mexican Supreme Court confirmed the requirement to pay up to three months of base salary for profit-sharing (PTU) payments....more

Holland & Knight LLP

Mexican Supreme Court Declares Constitutional the Limit of the Payment of Profit Distributions

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As part of the constitutional review, Amparo No. 633/2023, the Second Chamber of the Mexican Supreme Court of Justice declared constitutional (and thus valid) the limit of three months of the employee’s salary or the average...more

Mandelbaum Barrett PC

Veterinary Law Newsletter: Volume 26

Mandelbaum Barrett PC on

Exciting updates from the National Veterinary Law Group at Mandelbaum Barrett PC! Our newest newsletter has arrived, brimming with invaluable insights tailored for the veterinary industry. Discover informative articles...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - March 2024

In this issue of Employment Flash: the new DOL rule on independent contractors, SCOTUS’s unanimous Sarbanes-Oxley whistleblower ruling, plus labor law developments in California, Delaware, D.C., New York, the EU, Germany and...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Massachusetts Superior Court Finds Incentive Payment Under Profit-Sharing Scheme Is Not a Commission Under Wage Act

On January 31, 2024, in Mehra v. Boston Globe Media Partners, LLC, a Massachusetts Superior Court judge held that a percent-of-profit incentive payment under a profit-sharing scheme is not a commission subject to the...more

McDermott Will & Emery

Annahmeverzugslohn und Anrechnung von anderweitigem Erwerb – Tipps für die Praxis

Grundsätzlich gilt: Ohne Arbeit kein Lohn. Eine Ausnahme ist der Annahmeverzugslohn (siehe auch HR-News Beitrag vom 17. Oktober 2023: „Annahmeverzugslohn: Nur noch stumpfes Schwert im Kündigungsschutzprozess?“). Diesen muss...more

Mintz - Employment Viewpoints

Profit-Sharing Arrangement Tied To Employer’s Overall Profits Not Subject to Massachusetts Wage Act

Employers with Massachusetts-based employees know that the Massachusetts Wage Act (the “Wage Act”), with its strict liability and automatic treble damages and attorneys’ fees, is a powerful and exacting statute with which...more

McDermott Will & Emery

[Webinar] Family Office Tax Series: Compensation Strategies - February 27th, 1:00 pm - 2:00 pm EST

McDermott Will & Emery on

Taxes can have a significant impact on family offices, influencing decisions around structure, investing and overall planning strategies. McDermott’s Family Office Tax webinar series explores the latest trends and guidance on...more

Mandelbaum Barrett PC

Understanding the Objectives of Profit Interests

Mandelbaum Barrett PC on

Profit interests, also known as profit-sharing or profit participation, are a form of compensation offered to veterinarian employees in addition to their base salary. These incentives are designed to align the interests of...more

Littler

New French Profit-Sharing Act Sets 2025 Deadline for Profitable Small Companies

Littler on

In France, profit-sharing is the new black. After years of statutory value-sharing bonuses (starting in 2018) and the introduction of compulsory profit-sharing schemes in companies with at least 50 employees (since 2020), the...more

Hogan Lovells

Update on employee information, profit-sharing, and economic dismissals

Hogan Lovells on

Our employment team reviews key decisions rendered in the month of October: from the publication of the decree on the new information that employers must provide to employees to the three rulings on the conclusion of specific...more

Seward & Kissel LLP

SEC Staff Grants No-Action Relief Under Section 17 and Rule 17d-1 Thereunder Allowing Fund to Enter Transaction Agreement with New...

Seward & Kissel LLP on

Who may be interested: Registered Investment Companies; Boards of Directors; and Investment Advisers. Quick Take: The staff of the SEC Division of Investment Management (Staff) recently issued a no-action letter stating...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

For Employers in Mexico, the Countdown for Distributing Profit-Sharing Payments Begins: 9 Frequently Asked Questions

As May 30, 2023, approaches, so does the deadline for employers in Mexico to comply with the obligation of calculating and distributing profit-sharing (PTU) payments to employees. The following answers to nine frequently...more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

Company sued over retirement plan

A California environmental consultant is being sued by the Department if Labor for failing to manage or administer their profit-sharing plan since the late 1990s or early 2000s, effectively barring distribution of...more

White & Case LLP

Value-sharing within a company: upcoming changes

White & Case LLP on

On 10 February 2023, the national social partners concluded an interprofessional collective bargaining agreement ("ANI") on value-sharing, which has since been signed by the majority of the representative unions....more

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

In 2021, people were deferring more

The Plan Sponsor Council of America’s (PSCA)65th Annual Survey of 401(k) and Profit Sharing Plans showed record savings in retirement plans. In 2021, participant and employer contribution rates combined to produce an...more

Houston Harbaugh, P.C.

SECURE 2.0 Act of 2022 Makes Sweeping Retirement Plan Changes

The 2022 holiday season brought a long-awaited gift from Congress; the retirement plan bill known as “SECURE 2.0” (successor to 2019’s Setting Every Community Up for Retirement Enhancement Act, the original “SECURE Act”) was...more

Fisher Phillips

Top 10 Ways Employers Can Avoid Regular Rate Wage Mistakes On Their 2023 Resolutions Lists

Fisher Phillips on

When the US Department of Labor’s Wage and Hour Division published a Final Rule on the regular rate in late 2019, it gave employers the freedom to more easily offer perks and benefits to their employees without running afoul...more

Perkins Coie

Washington State Releases Guidance on New Job Posting Requirements

Perkins Coie on

In April 2022, we wrote about the upcoming amendments to Washington's Equal Pay and Opportunity Act (EPOA). The EPOA amendments require most employers who engage in business in Washington state to include pay ranges and...more

White & Case LLP

The main social measures introduced by the law of August 16, 2022 on emergency measures to protect purchasing power and the...

White & Case LLP on

Law no. 2022-1158 of August 16, 2022 and the Amending Finance Law for 2022 provide for various measures directly involving the employer, with the objective of limiting the impact of inflation on household budgets....more

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