Surprising Applications of U.S. Golden Parachute Rules in Cross-Border Transactions

The “golden parachute” excise tax regime under Internal Revenue Code Sections 280G and 4999 (“Section 280G” and “Section 4999”, respectively) is at the core of both public and private U.S.-based transactions. While often overlooked, it is crucial to remember that the issues raised by Sections 280G and 4999 can – and do – apply to transactions that do not have a clear U.S. nexus. Careful attention should be paid to golden parachute considerations in any cross-border, non-U.S. transaction if a non-U.S. corporation at any level of the transaction structure (1) employs a U.S. taxpayer or (2) takes a U.S. compensation tax deduction. READ MORE

Recruiting Strategies and Compensation Trends

It’s no secret that job seekers hold the upper hand in the labor market. Companies that don’t adjust their recruiting and retention strategies accordingly will be left behind. Robin Pinkley, an organizational behavior guru at SMU and founder of the M2M Center for Profitable Negotiation, says workers want their employers to feel like a club they want to join. Here, she shares 10 strategies for how employers can best compete. READ MORE

The cost of competing: An equitable compensation strategy

It seems everyone is talking about employee compensation trends right now, and for good reason. The upheaval created by COVID-19 generated an incredibly competitive job market, and job candidates are calling the shots on their compensation and benefits expectations. With the cost of living rising in the current economy, staying competitive with compensation has become all the more challenging. READ MORE

ESG And Executive Compensation: Why The Right Metrics Matter

Executive compensation is one of the most powerful instruments companies have to align directors' interests to company performance, to hold them accountable for their executive decisions, and to communicate strategic priorities to stakeholders. The inclusion of the say on pay vote in many markets globally has forced investors to take a more active role in tackling remuneration concerns, such as overly complex remuneration structures, inadequate performance metrics and excessive pay-outs. As such, executive compensation is a top agenda item for those who are advocates for good corporate governance and seek to foster changes in pay structure through active ownership. READ MORE

To Stem Turnover, Employers Favor Higher Salaries and Remote Work

What are businesses doing to retain finance and accounting staff and make job offers more appealing to candidates when they have open positions?

Both can be a challenge. In the spring CFO Survey from Duke University and the Richmond Federal Reserve Bank, three-quarters of CFOs responding said the talent shortage was impacting revenue, and about half indicated it was constraining both revenue and full-capacity operations. READ MORE

Should You Be Paying Overtime to Your Office Staff?

Office workers who perform receptionist, secretarial, and other administrative tasks often are incorrectly classified as exempt from overtime pay because they receive a salary and have job titles such as "executive assistant." However, such employees will not necessarily be found exempt from the requirement to pay overtime merely because they receive a salary, perform important administrative duties, and hold impressive job titles. Clerical and administrative employees often do not have sufficiently high-level positions or perform primary duties that meet the "administrative employee" exemption. And misclassification of these employees as exempt can result in costly claims for non-payment of overtime. READ MORE

It’s time to debunk these 2 myths about pay raises

After you receive that next big raise at work, or reach a certain economic level, you may think you’ll achieve contentment, happiness, or peace. The reality, though, is that such levels may very well be false summits that provide illusory benefits and ultimately, lead to just the next goal to reach in an ever-upward tilting treadmill. More, it turns out, may not be better; and there are different ways to achieve greater levels of contentment and happiness, regardless of your financial resources.  READ MORE

Pay Transparency Laws Are All The Rage

Pay transparency laws are catching fire in legislative bodies around the country.  As we have previously reported, these laws, which target pay equity, have gone into effect in a number of jurisdictions, such as Colorado and New York City in recent years. 

New York State is one of the latest to pass such a bill (on June 2, 2022) that requires private employers in the state to publish salary or wage ranges in all job postings.  The bill, which has been passed by the state legislature and awaits the signature of Governor Kathy Hochul, will become effective 270 days after it is signed.  READ MORE

U.S. laws support the collection of income tax, despite claims otherwise

A social media post that claims U.S. laws don’t support the collection of income tax makes its case using debunked information and features speakers who’ve been convicted of federal tax crimes.

"To date, nobody has been able to show that there is a law for the average American citizen working day in and day out to pay an income tax," says a person identified as Tom Selgas, in a TikTok video shared July 15 as a reel on Facebook. Selgas was convicted by a federal court in 2020 of income tax evasion. READ MORE

If You Can’t Get A Salary Increase Due To Inflation, Ask For This Instead

With inflation raging, which is escalating the costs of everything, you may be thinking about asking for a raise. It’s a reasonable request. With the inflation rate spiking over 9%, your paycheck doesn’t go as far anymore. The average American household will have to spend an extra $5,200—$433 a month—just to consume the same goods and services as last year. Here’s the dilemma: it's a reasonable ask, but the economy, job market and sentiment of business leaders have shifted. READ MORE

What Salary Does It Take to Be Comfortable?

If you're satisfied with the amount of money you earn, consider yourself fortunate. Many workers these days are woefully underpaid, and at a time when living costs are soaring, that's not a good thing. But even if you earn a more generous salary than the average American, it may not be enough to get you the lifestyle you want, or to allow you to meet goals like buying a home or building a solid nest egg for retirement. READ MORE

CEOs average pay in 2021 was 324 times higher than employees

CEOs of the top 500 companies in the U.S. earned 324 times more money in 2021 than their employees, with executive compensation climbing $2.8 million dollars in the past year on average as worker wages declined, according to an AFL-CIO report.

While the report found that real worker wages fell 2.4 percent in 2021 after adjusting for inflation, the average compensation for the top CEOs in the nation last year was $18.3 million, a more than $5 million increase over the past decade. READ MORE