Bankruptcy pay evasion

In the early 2000s, large troubled firms developed a practice of paying retention bonuses to senior managers immediately after filing for Chapter 11 bankruptcy. Congress banned this practice in 2005 with the late Sen. Ted Kennedy (D-Mass.), citing the need to protect public confidence in the bankruptcy courts and fight “glaring abuses of the bankruptcy system by the executives of giant companies.”   READ MORE

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