News & Analysis as of

Employment Contract Clawbacks

Sheppard Mullin Richter & Hampton LLP

You Are Sponsoring a Foreign National Employee for Permanent Residency, Can You Clawback Some of the Fees?

Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant...more

Kohrman Jackson & Krantz LLP

FTC’s Final Rule on Non-Compete Clauses: Implications & Considerations

FTC RULE BANS NON-COMPETE CLAUSES FOR NON-SENIOR EMPLOYEES - Non-compete clauses have long been a contentious issue in employment agreements, with concerns raised about their potential to stifle competition and limit...more

Littler

Is a Bonus Clawback Provision a Restraint of Trade in the UK?

Littler on

In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful...more

Dechert LLP

Clawback Provisions and Restraint of Trade

Dechert LLP on

In a welcome decision for employers, in Steel v Spencer Road LLP the High Court has upheld as enforceable a clause requiring an employee to repay a significant bonus following his resignation. A clause in Mr Steel’s...more

Dechert LLP

Sélection de jurisprudence – France / Premier semestre 2023

Dechert LLP on

Cette newsletter présente quatre décisions de jurisprudence rendues au cours des derniers mois : Renouvellement de la période d’essai : utilisation d’un faisceau d’indice pour qualifier le consentement (Cass. soc., 25...more

Dechert LLP

Case Law Selection - France / First Semester 2023

Dechert LLP on

This newsletter summarizes four significant judicial decisions over recent months: Renewal of the probationary period: using a set of indicators to qualify consent (Cass. soc., 25 January 2023, n°21-13.699)...more

Parker Poe Adams & Bernstein LLP

Would the FTC's Noncompete Ban Prohibit Signing and Relocation Bonus Clawbacks?

The Federal Trade Commission (FTC) recently reported that it had received over 25,000 comments on its proposal to ban employment noncompetition agreements. Most of the discussion over the proposal involves traditional...more

Whitcomb Selinsky, PC

Clawback Provisions and How They Might Impact Your Company

Whitcomb Selinsky, PC on

WHAT IS A CLAWBACK PROVISION? Clawback provisions are clauses that specify a set of factors or situations in which money already paid to an employee must be returned to the company. Frequently, these clawback provisions are...more

Akerman LLP - HR Defense

Does Your Clawback Need A Manicure?

Akerman LLP - HR Defense on

You’ve wined and dined and trained and invested in your new hire, and now they’re leaving you in the midst – before you were ready – can you still get the ring back, or in this case, “clawback” your training and other related...more

Dechert LLP

HMRC Publishes Guidance on the Tax Treatment of Clawback of Remuneration in the UK

Dechert LLP on

Since the financial crisis of 2008 / 2009, swathes of new regulations have been introduced governing various aspects of remuneration in the financial services sector. A key feature of these rules is the compulsory clawback of...more

Allen Matkins

SEC Clawback Proposal Overlooks Contract Law Fundamentals

Allen Matkins on

In proposing the clawback rules for stock exchanges mandated by Section 954 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, the Securities and Exchange Commission evinces little regard for contrary...more

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