Buyout firms have recently used a range of reset tools to incentivise management, requiring careful navigation of legal, tax, and regulatory issues. As buyout firms navigate current pressures on portfolio company...more
To celebrate the holiday season, this post highlights the tax consequences of employer-sponsored holiday perks such as gift cards, turkeys, hams and gift baskets. Under the current tax rules, employers may give infrequent low...more
On May 15, 2017, the Supreme Court of the United States rejected the City of San Gabriel, California’s attempt to overturn the Ninth Circuit Court of Appeal’s expansive interpretation of what employers must include as “wages”...more
Even the Supreme Court doesn’t want to talk about the regular rate of pay. The City of San Gabriel, California, provides a flexible benefits plan to its employees under which they receive a designated monetary amount to...more
Employers who allow their employees to opt for taxable cash payments in lieu of health benefits must consider the value of the payments when calculating overtime rates, a federal appellate court has ruled. Originally...more
Overtime paid to non-exempt employees under the Fair Labor Standards Act must be at time and one-half of the employee’s “regular rate.” The regular rate includes most compensation paid to the employee, such as bonuses and...more
Despite repeated guidance from the IRS that employer payment plans violate insurance reforms under the Affordable Care Act (the “ACA”), many small employers continue this arrangement of reimbursing employees for their cost of...more
A recent decision in the Ninth Circuit Court of Appeals has highlighted another problem with determining the rate of pay for paying overtime hours worked by non-exempt employees. Under the Fair Labor Standards Act,...more
Employers May Need to Restructure “Cash in Lieu of” Payments - The City of San Gabriel was underpaying its police force by miscalculating their regular rate of pay, the U.S. Ninth Circuit Court of Appeals held in...more