Department of Labor Permits Payment of Incentive Compensation by Employers Using Fluctuating Workweek

On May 20, 2020, the United States Department of Labor (DOL) released a Final Rule authorizing employers that use the “fluctuating workweek” method for calculating employees’ regular rates of pay to award employees additional incentive-based compensation above their fixed weekly salaries – such as bonuses, premium payments, commissions, or hazard pay – without running afoul of the DOL’s fluctuating workweek rules. The new rule is designed to give employers who rely on the fluctuating workweek the ability to use incentive pay to address staffing issues that may arise as businesses attempt to reopen in the face of the COVID-19 pandemic. READ MORE

Why localized compensation in a work-anywhere world isn't so simple

Last Thursday, Mark Zuckerberg told Facebook’s 48,000 employees that he expects upwards of 50% of the company will be working remotely within 10 years. After outlining many of the advantages that remote work confers — including to “potentially spread more economic opportunity around the country and potentially around the world” — he added that those who choose to move to other places in the U.S. or elsewhere will be paid based on where they live. READ MORE

A CARES Act Executive Pay Framework

Companies that are participating in the CARES Act are still facing a hot market for their top talent, particularly those recipients in distressed circumstances. Associated compensation restrictions freeze or reduce executive pay, requiring a different playbook than what companies have become used to. While being cognizant of windfalls, it is a time to ensure your best talent is responsibly aligned with recovery, while sending the right messages to stakeholders. As such, companies need to turn to a new playbook. READ MORE

DOL Issues Final Rule Permitting Use of Non-Salary Compensation under ‘Fluctuating Workweek’ Pay Method

On May 20, 2020, the U.S. Department of Labor (DOL) issued a Final Rule expressly permitting employers to provide additional pay, such as bonuses, commissions, or premiums, to employees when utilizing the “fluctuating workweek” (FWW) pay method under the Fair Labor Standards Act (FLSA), without jeopardizing the use of that pay method. READ MORE

Reassessing Executive Compensation and Benefits in Tax-Exempt Organizations as the COVID-19 Crisis Deepens

Hospitals, health systems and other tax-exempt organizations are responding to a longer and deeper economic crisis by making or considering significant changes to their executive compensation and executive benefit programs. The economic crisis, and these executive compensation and benefit changes, have far-reaching implications for the ongoing work of the board’s compensation committee. We want to provide this review of what we see happening “on the ground” as the crisis continues. READ MORE