What is the difference between the fluctuating workweek compensation method and a Belo contract?

Many employers have employees who do not work a regular schedule of 40 hours per week. For example, they may work 25 hours one week and 50 hours the next week. For ease of administration, an employer may wish to pay such employees on a salaried basis. In these instances, an employer could consider implementing either a fluctuating workweek method or a Belo contract. Though these two plans are similar, there are some key differences to consider. READ MORE

The Latest And Greatest New Pay Transparency Laws

These days, more and more lawmakers are looking to regulate the amount of salary information employers are required to provide job applicants. On January 1, 2023, California, Rhode Island, and Washington State all had new “pay transparency” laws take effect, and New York State has a new law taking effect in September 2023, following a trail already blazed by jurisdictions like Colorado and New York City. As the regulatory landscape surrounding pay transparency continues to rapidly evolve, HR and compliance personnel have struggled to stay informed. This article offers a brief survey of the current slate of pay transparency laws affecting US employers in the New Year. READ MORE

Executive Compensation Considerations in the 2023 Reporting Season

On August 25, 2022, the SEC adopted final rules requiring public companies to disclose the relationship between the executive compensation actually paid to the company’s named executive officers (NEOs) and the company’s financial performance. The final rules implement the “Pay Versus Performance” disclosure requirements mandated by Section 953(a) of the DoddFrank Wall Street Reform and Consumer Protection Act enacted in 2010 (Dodd-Frank Act). READ MORE

FTC’s Proposed Ban on Noncompete Clauses May Have Far-Reaching Implications for Executive Compensation

The Federal Trade Commission (FTC) announced a notice of proposed rulemaking on January 5, 2023, that would ban employers from entering into or maintaining noncompete clauses with their workers. The proposal was issued in response to President Joseph Biden’s July 9, 2021 executive order and related statements calling on the FTC to ban or limit employment contract restrictive covenants that restrict workers’ freedom to change jobs. READ MORE

New Year, New State Minimum Compensation Thresholds for Restrictive Covenants

For many employers, a new year is a new opportunity to update policies, procedures, and agreements—including restrictive covenants. In addition to ensuring compliance with applicable state requirements as to timing, consideration, and restrictions, companies need to be aware of applicable compensation minimums for employees being asked to sign noncompetition and nonsolicitation agreements. With the start of the new year, many states have increased minimum compensation floors for such employees. READ MORE

Tim Cook agrees to a massive pay cut

Apple CEO Tim Cook has agreed to cut his pay this year after shareholders rebelled.

The world’s largest tech company said it would reduce Cook’s target pay package to $49 million, 40% lower than his target pay for 2022 and about half Cook’s $99.4 million total compensation that he was granted last year.

The vast majority of Cook’s 2022 compensation — about 75% — was tied up in company shares, with half of that dependent on share price performance. READ MORE

Will Pay Transparency Laws Level the Playing Field?

According to the federal government, “[a]lthough the gender pay gap has narrowed since the signing of the Equal Pay Act of 1963, women earned 82 cents for every dollar a man earns, according to 2020 data from the Bureau of Labor Statistics.”1 As a result, women would have had to work an extra 42 days to earn what men did in 2020.2 And according to the Department of Labor, “[m]any women of color were paid even less. For example, Black women were paid 64%, and Hispanic women (of any race) were paid 57% of what white non-Hispanic men were paid.”3  To level the playing field, state and local governments are turning to pay transparency laws to try to reduce and ultimately eliminate the gender pay gap. READ MORE

American Airlines Made the Wrong Bet by Doubling Regional Pilot Pay

American Airlines may be regretting its decision last year to unilaterally hike regional pilot pay to historically high levels, according to Raymond James analyst Savanthi Syth.

The Fort Worth, Texas-based carrier fundamentally changed the economics of regional flying when it raised pilot pay at its three wholly-owned affiliates — Envoy, Piedmont Airlines, and PSA Airlines — to nearly the level earned by its own pilots. The move doubled the cost of regional operations, which have long been a lower cost capacity option for major airlines like American to serve small cities and, at least as recently as October, had yet to solve the pilot staffing issues that American’s affiliates face. READ MORE