409A/162(m) Payment Delay Provisions

Public companies that sponsor nonqualified deferred compensation plans that require Internal Revenue Code Section 162(m) payment delays may want to consider whether removing the payment delay provision from a plan is warranted in light of the 2017 Tax Cuts and Jobs Act (TCJA) changes to the definition of a “covered employee.” The December 31, 2020 deadline is approaching to amend plans to remove Section 162(m) payment delays without the change being considered an impermissible acceleration of payment under Internal Revenue Code Section 409A. READ MORE

Free Shots, Cash Bonus, Firing. Employers Weigh How to Get Employees Vaccinated

U.S. workers could soon face choices such as free COVID-19 shots and a cash bonus if all get immunized, or those unwilling to be vaccinated get reassigned or even lose their jobs.

Those options are being studied by businesses hoping to bring at-home employees back without triggering a backlash or violating federal and state employment law. Companies are consulting with lawyers, health care experts and polling their workers to gauge when to offer carrots and when to use a stick. READ MORE

Biggest Proxy Firms Issue 2021 Policy Updates

The two biggest and most influential proxy advisory firms, Institutional Shareholder Services (ISS) and Glass Lewis, recently released policy updates for 2021. In addition, ISS published “U.S. Compensation Policies and the COVID-19 Pandemic — Frequently Asked Questions” (FAQs) to help companies impacted by the pandemic consider and disclose pay actions.

Reflecting two of the major current issues in America this year, ISS and Glass Lewis guidance concentrate on COVID-19’s impact on executive pay decisions, and racial and gender diversity on boards. The ISS and Glass Lewis guidance for COVID-19 pay actions will help companies navigate in the immediate, while diversity-related policy updates — in conjunction with directives from major institutional investors — will drive change in American boardrooms in the years to come. READ MORE

SEC Proposes to Modernize Ability of Companies to Grant Equity Compensation

On 24 November 2020, the Securities and Exchange Commission (SEC) proposed rules that would significantly modernize and simplify the ability of companies to grant equity compensation to their workers under Rule 701 of the Securities Act of 1933 (Rule 701) and on the Form S-8 Registration Statement (Form S-8). The SEC noted that the proposed rules were appropriate “in light of the significant evolution in compensatory offerings” since the SEC last substantively amended the existing rules. This client alert summarizes the key aspects of these proposed rules. READ MORE

How to Negotiate and Counter a Job Offer

Being offered a job is a reason to celebrate, but it is also an opportunity to negotiate the best terms you can get, which may not come up again for a while. You should maintain a professional, friendly tone during these talks as you forge a relationship with your new employer. “Once you receive a job offer, you stop being a candidate and you start being an employee of the company to some extent,” says career coach Paolo Gallo. “The way you negotiate starts building your reputation.” READ MORE