The Benefits of Separation Agreements

Separation agreements help companies and employees avoid disputes and achieve an amicable separation of their affairs at the end of the employment relationship. Some of the most common and important provisions are discussed below. 

Severance Pay
One of the chief provisions of any separation agreement is severance pay. Without it, the employee has little incentive to sign the separation agreement. The amount of severance depends on many factors such as industry practice, the executive's compensation at the time of separation, how long the executive worked for the company, whether the executive or the company have any potential claims, and other provisions of the separation agreement. READ MORE

CEO pay ratio tax bill may gain new life in Congress as revenue stream

Corporate executive compensation, in particular the pay ratio compared with rank-and-file employees, has resurfaced as a U.S. Senate Democratic revenue initiative.

A group of progressive Democratic senators, led by Bernie Sanders of Vermont and Elizabeth Warren of Massachusetts, introduced the Tax Excessive CEO Pay Act in March. A similar proposal has been submitted in the U.S. House. READ MORE

Unvested partnership interests as compensation

This may be a good time to revisit the use of unvested partnership interests as compensation because these situations can come up and the applicable authority is perhaps not widely known. The author recently reviewed two matters of this kind. The present discussion focuses on a company's hiring of a new CEO, where the consultations with the tax adviser about the executive's compensation package addressed a number of issues concerning the use of an unvested capital interest in a limited liability company (LLC) taxed as a partnership. READ MORE

UK companies have to disclose gender pay gaps. It's not enough

Large UK companies are required to reveal their gender pay gaps. But the rules are failing to address inequality, according to a new report.

The research, by the Global Institute for Women's Leadership at King's College London and the Fawcett Society, concludes that the UK's mandatory gender pay gap reporting, which came into effect in 2017, "has no teeth" and is less effective than other global reporting systems which require a commitment to change. READ MORE

5 things you should always negotiate in a job offer

When you think of negotiating a job offer, most people immediately think of salary and getting the most money. Unfortunately, money only goes so far, and corporations are limited by the amount they can pay you. 

Because of this, understanding some of the less asked for but extremely valuable benefits that can be included in a job offer is essential to getting the most out of your next contract. READ MORE

Should Employers Tie Executive Compensation to DE&I Goals?

It is now widely accepted that achieving high levels of diversity, equity and inclusion (DE&I) can create a competitive advantage and drive individual and organizational performance. However, organizations seeking to advance in these areas face a strategic alignment challenge: how to embed DE&I priorities into the heart of a company’s business strategy. READ MORE

For Public Companies, The Time To Update Executive Compensation Practices Is Now

At long last, the Department of the Treasury and Internal Revenue Service published final regulations to explain how changes to Internal Revenue Code Section 162(m) under the Tax Cuts and Jobs Act of 2017 (TCJA) affect the deductibility (or lack thereof) of compensation in excess of $1 million paid to covered employees. We have blogged about these changes and made recommendations to public companies in the past about how to manage these changes. For the most part, the final regulations did not change any prior guidance. We will not repeat these prior summaries here. Instead, we will highlight the items that we expect will result in the biggest changes or challenges to public companies and the administration of their executive compensation plans. READ MORE

SEC proposes new rule mandating funds disclose votes on executive pay

The Securities and Exchange Commission voted Wednesday to propose several new rules related to institutional investment funds’ votes on proxy proposals, including whether they support companies’ compensation packages for their top executives.

The Dodd-Frank financial reform law, passed in the wake of the 2008 financial crisis, required public companies to hold non-binding shareholder proxy votes on the compensation of their most highly paid executives. It also required companies to disclose so-called “golden parachute” agreements, or compensation arrangements for executives in the event of a merger, acquisition or other transaction. READ MORE

What To Know About Compensation Practice At Amazon?

Regardless of how clear your principles of leadership and annual plan may seem, they are soft in contrast with cash incentives. Money speaks - if your principles of leadership, your annual plan, and your financial incentives are not aligned, you will not achieve the appropriate outcomes.

There is a view at Amazon that performance pay must be based on total business success, i.e. on shareholders' best interests, which in turn are ideally aligned with consumers' best interests. Therefore, the remuneration of all top executives for the equities gained over a period of many years is highly weighted. The maximum wage itself is considerably below that of the US industry counterparts. READ MORE

Higher salaries and signing bonuses make it a good time to be a new employee

Early last year, Nate Tharp’s boss asked him to sit in on interviews with some job candidates.  

Tharp, who is based in Los Angeles, had been the only web designer on his team for five years. The entertainment company where he was working was in the market for another him.

“They were going to report to the same person that I report to, the same manager. Same title as me, and going to be expected to perform more or less the same work,” Tharp said. READ MORE

ESG Targets Gain Foothold in Exec Comp Plans

If stakeholders judge companies based on meeting environmental, social, and governance (ESG) goals, it’s natural to tie executive compensation to those goals. After all, environmentally friendly companies may one day attract more and cheaper capital and achieve higher valuations.

But there’s a long way to go before most compensation committees find the optimal way to incorporate ESG into pay packages. Nevertheless, a March study by the London Business School and Pricewaterhouse Coopers found that 45% of large U.K. companies have introduced ESG metrics into executive compensation plans. Not only that, but one-in-four U.K. companies have added ESG metrics to long-term incentive programs. READ MORE

34% of restaurant workers experienced more wage theft in 2021, OFW reports

Jessica Looman, acting administrator of the Department of Labor's Wage and Hour Division, said during the webinar, the DOL finds more wage and hours violations in food service than in any other industry. According to OFW's data, 46% of restaurant workers reported their employers did not pay time-and-a-half when working overtime. More than a third of surveyed workers said their tips did not bring their wages up to the minimum wage. READ MORE

The Rise of ESG’s Importance in Executive Compensation Programs

ESG is everywhere. In the past 12 months, environmental, social and governance (ESG) topics have popped up in more and more proxy statements, compensation programs, and investor presentations. Even the Securities and Exchange Commission (SEC) is taking notice; they may propose new rules for the disclosure of ESG information. ESG seems ubiquitous, but some of the more pointed discussions on the matter are happening in compensation committees right now.

With our own clients, we see that ESG is a topic at nearly every compensation committee meeting. Companies that are not yet using ESG in pay programs want to (or wonder if they should), and those already with ESG want to update and refine. In either case, committees are actively working on it. READ MORE

Junior bankers at Lazard now the highest-paid on Wall Street, pulling in $200K

Junior bankers at boutique firm Lazard are now the highest paid on Wall Street, after Lazard raised salaries for all associates by $50,000, according to a report.

Base pay for Lazard associates will jump to $200,000 from $150,000 for first-year associates, to $225,000 from $175,000 for second-year associates and to $250,000 from $200,000 for third-year associates, according to Insider. READ MORE

How to answer “What’s your desired salary?”

“What is your desired salary? What is your target compensation?” These are common questions job candidates and seekers likely have or will encounter on a job application or in an interview question when speaking with a hiring manager. 

How do you respond? What if you share a salary that is too high? Or too low? How do you even come up with a number in the first place? READ MORE

The master’s degrees that give the biggest salary boost

In September 2020, the National Student Clearinghouse estimated that while enrollment in undergraduate programs for associate’s and bachelor’s degrees fell by 9.7% compared to 2019, enrollment in master’s programs increased 6%. Most recent tallies for the Spring 2021 term found that while undergraduate enrollment has decreased by 4.9% since 2020, graduate enrollment has increased by 4.6%. 

But even as master’s degree enrollment has boomed, borrowers, activists and journalists have called attention to the student debt crisis — and the role that master’s degrees play in the country’s $1.7 trillion student debt total. READ MORE

Fitness teachers, plumbers among highest-paying jobs with no work history

Looking for a new job during the pandemic? Although plenty of careers require their workers to have a college degree or years of special training, that’s not the case for every line of work. A new study finds Americans can actually apply for many high-paying jobs which require little to no work experience at the start.

A report by The Interview Guys finds recreation and fitness studies teachers and plumbers are among the best-paying careers where you don’t need anything on your resume to get the job. Pipefitters, steamfitters, and insurance sales agents also need little to no experience, yet pay very well. READ MORE

Biden backs tax on billionaires' unrealized investment gains

President Biden said Friday he supports a Democratic proposal to tax billionaires annually on their unrealized investment gains.

Senate Finance Chairman Ron Wyden, D-Ore., has pushed for years to enact the proposal, which is one of several under consideration as part of Democratic efforts to cover the costs of Biden’s $3.5 trillion budget reconciliation bill.

"Yes, I do," Biden said during a press conference. "Look, I support a lot of these proposals. We don’t need all the things I support to pay for this, but I do support that." READ MORE