In this episode of Just Compensation, Megan Monson and Amy C. Schwind discuss legal considerations regarding commission payment, covering the key components of commission plans. They advise against ambiguity in plans by suggesting employers prepare clear, written commission plans that define eligibility, earning criteria, calculation, and payment timing while complying with state wage-and-hour and tax laws.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Amy C. Schwind, Senior Counsel, Employment

In this episode of Just Compensation, Megan Monson and Jessica I. Stewart join host Taryn E. Cannataro in discussing common treatments of outstanding stock options and other equity awards in transactions. The discussion covers what different approaches mean for employees, sellers and buyers, as well as the tax implications of various treatments. Monson, Stewart, and Cannataro explore the key issues that all parties in a transaction should keep in mind, from equity plan design and deal documentation to structuring awards that effectively incentivize employees.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits
Jessica I. Stewart, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Andrew E. Graw, Taryn E. Cannataro, and Zachary Bocian discuss ESOPs, employee stock ownership plans. The conversation covers the tax and non-tax benefits of ESOPs, and how ESOPs can be used by shareholders of closely-held companies to diversify all or some of their equity in the company.

Speakers:

Andrew E. Graw, Partner and Chair, Executive Compensation and Employee Benefits
Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits
Zachary Bocian, Associate, Executive Compensation

On this episode of "Just Compensation," Andrew Graw, Megan Monson, and Jessica I. Kriegsfeld talk about equity plan considerations for public companies. They address various drafting considerations that are specific to public companies, including how proxy advisory firms view certain plan provisions. The conversation also touches on stockholder approval and filing requirements for public companies, as well as employment inducement awards.

Speakers:

Andrew E. Graw, Partner and Chair, Executive Compensation and Employee Benefits
Megan Monson, Partner, Executive Compensation and Employee Benefits
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson, Amy C. Schwind, and Jessica I. Stewart discuss employer considerations for involuntary termination of employees, including terms in the employee's contract, reason for termination, and release agreements like severance plans. They cover risks of retaliation or other claims if the employee is a member of a protected class or is on or intends to go on a leave of absence. The conversation reviews state and federal regulation as well as COBRA, 409A tax code, and the WARN act. The episode relays that terminating an employee must be a well thought-out and careful decision.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Amy C. Schwind, Counsel, Employment
Jessica I. Stewart, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson, Taryn E. Cannataro, and Zachary Bocian discuss employee retention strategies during a company sale, including transaction bonuses, retention bonuses, management carve-out plans, and severance plans. They assess whether the seller or buyer is responsible for funding retention tools and address the legal and practical considerations of such arrangements.

To learn more about 280G, listen to Section 280G Unpacked: Pitfalls and Planning for Tech Startups.

To learn more about 'Top Hat' structures, listen to Puttin' on Your Top Hat: How to Effectively Structure a Deferred Compensation Plan as a "Top Hat" Plan.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits
Zachary Bocian, Associate, Executive Compensation

In this episode of Just Compensation, Jessica I. Kriegsfeld is joined by Lauren M. Hollender to discuss employee handbooks, including varying state and federal laws and best practices for creating, distributing, and maintaining employee handbooks. Hollender explains that employee handbooks are not one-size-fits-all, and they should be customized to fit the company's size, location, and culture.

Speakers:

Lauren M. Hollender, Counsel, Employment
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Jessica I. Kriegsfeld, Amy C. Schwind, and Adam Dickson discuss employment considerations for early-stage companies, including best practices to be compliant with applicable employment laws and to build a strong foundation to grow and attract talent.

Speakers:

Adam Dickson, Counsel, Emerging Companies & Venture Capital
Amy C. Schwind, Counsel, Employment
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits