Compensation Disclosure: Trending Towards “No”

In addition to a resume and our candidate assessment, clients always ask us to provide current compensation information.  It’s common practice, as no company wants to spend time interviewing an attorney who would ultimately reject its best offer.  And although many attorneys bristle with reluctance at the request, we are usually able to get the information our clients request. READ MORE

The Dangers of Paying Employees Too Much

One of the more challenging compensation conversations I have as a consultant is helping clients understand that offering the highest pay isn't always the best option. There are dangers and downsides to "overpaying" people. It's certainly an unpopular sentiment at the neighborhood BBQ (and likely among many who read this article). READ MORE

New Job? Four Ways To Improve Your Salary Offer

After guiding thousands of clients through the salary negotiation process, I’ve noticed that when most people begin to negotiate a job offer, they focus on the base compensation and ways to improve it. While you may be able to improve the initial offer, you may not be successful getting to your “magic number” without being a bit more creative in how you approach the salary conversation. Compensation is made up of two types: fixed and variable. READ MORE

Partner Compensation and Theology

I compared CPA firms to law firms and asked why law firms publicly share their average equity partner compensation when they report their profitability in publications like The American Lawyer. CPA firms go to great measures to “hide” this information from their associates and potential recruits. It may not be “all about the money,” but the leaders of these great law firms will tell you that this metric gives them a major recruiting advantage when going after top talent. I’m not saying to go out and brag, but at least find a way to really let them know how financially successful a partner can be at your firm.  READ MORE

Think Your Employees' Equity Compensation Isn't Taxable in a Spinoff?

Traditionally, US companies focused their attention on the tax treatment of US shareholders and employees holding equity compensation awards in corporate transactions. However, as more and more transactions contain international components, US companies have been necessarily forced to place greater consideration on the tax implications corporate transactions will have on foreign shareholders and employees holding equity compensation awards.  READ MORE

It’s Time to Tie Executive Compensation to Sustainability

Despite conflicting messages about climate change from U.S. government leaders, sustainability is getting more and more attention at American companies. Shareholders are ratcheting up their demands on environmental and social issues. Consumers are registering their concerns about how companies make their products. And talented Millennial employees are voting with their feet by leaving laggard companies behind. Meanwhile, new technologies are making it easier for sustainability investments to pay off in the middle to long term.  READ MORE

Delaware Bans Compensation History Inquiries

On June 14, 2017, Delaware Governor John Carney signed into law a bill that amends Delaware’s Code relating to unlawful employment practices to prohibit employers from (i) engaging in salary-based screening of prospective employees where prior compensation must satisfy certain minimum or maximum criteria or (ii) seeking the compensation history of a prospective employee from the prospective employee or a current or former employer (the “Law”). Under the Law, “compensation” is defined broadly to include wages, benefits, or other compensation.  READ MORE

Developments in Tax Withholding for Equity Awards under Employer Stock Plans

When an employee exercises or settles an award such as a stock option or restricted stock unit, there is often a measure of value that must be included in the employee’s compensation income. Consequently, employers are required to withhold and remit payroll and income taxes with respect to that compensation, and employers will typically require employees to satisfy their portion of those taxes. Either the employee must come up with other sources of liquidity, or in some cases the taxes may be satisfied by “net settlement” – withholding some of the shares from the award. Two recent developments – one in the accounting arena and the second in securities law – affect how this withholding can be handled.  READ MORE