Total Articles: 4
IRS Clarifies Rules under §162(m) of Internal Revenue Code on Deductibility of Certain Compensation
The IRS has proposed Treasury Regulations that clarify the performance-based compensation exception under Section 162(m) of the Internal Revenue Code, which generally precludes a deduction by any publicly held corporation of compensation paid to certain high level employees to the extent the compensation exceeds 1MM.
Does Not Renewing A Teacher's Contract Risk An Employment Lawsuit?
Before deciding to terminate a teacher's employment contract, a school is likely to take several steps. The school's administrator will carefully review the contract to ensure that the school complies with any provision that requires "good cause" for termination. The human resources director will scrutinize the articulated reason for termination in order to confirm that the decision does not appear to be based on unlawful discrimination or retaliation. The Head of School may even consult with legal counsel about the termination decision.
When Do You Need a Written Employment Agreement? (pdf).
Common wisdom is to “get it in writing” when it comes to executive employment agreements. But is this always true? Generally speaking, companies write employment agreements to accomplish the four “Rs” – recruit, reward, retain, and restrain executives. In particular, with regard to restraining employees – non-compete, non-solicit, no-hire, non-disclosure of confidential information, and non-disparagement covenants – it is much easier for a company to enforce an agreement signed by both parties than to rely on common law principles. But incomplete, unclear or ambiguous written agreements can be of less value to a company than even an agreement based solely on a handshake. Even “at-will” employment relationships can be jeopardized by a poorly written agreement.
CEO Pay: A Window into Corporate Governance.
Once again, proxy season has revealed some eye-popping numbers in executive compensation packages, generating heat from shareholders, labor organizations and some analysts who contend the links between CEO pay and performance are frayed.
