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On January 15, 2022, the New York City Council enacted Local Law 32 of 2022 (Wage Transparency Law or Law) to amend the New York City Human Rights Law (NYCHRL) to require that most employers include compensation data in their job advertisements. The Law was supposed to take effect on May 15, 2022, however, it […].
The increased penalties generally apply to reporting and disclosure failures if the penalty is assessed after January 15, 2022, and if the violation occurred after […]. The post Inflation and ERISA Penalties: Hand in Hand for 2022 appeared first on EMPLOYEEBENEFITS BLOG.
January 20, 2022. Topic – EmployeeBenefits Update. EmployeeBenefits Attorney. Join us for a webinar on Thursday, January 20, during which we will cover the latest in employeebenefits. 9:00 a.m. – Presented by Stacy Barrow.
On November 28, 2022, the Securities and Exchange Commission (the “SEC”) published the final clawback rules (the “Final Rules”) under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”) in the Federal Register.
The post Restrictive Covenants Evolve from Common Law to Statutory Regulation: The 2022 Watershed appeared first on EMPLOYEEBENEFITS BLOG. Unlike state statutes regulating trade secrets (which largely follow the Uniform […].
Fast forwarding to the year 2022, will it be a happy new year? Many multiemployer plans and their participants, contributing employers and unions certainly hope so, as they eagerly anticipate the issuance of a Pension Benefit Guaranty Corporation (“PBGC”) final rule that may answer the question for them.
The SEC’s final rule on Pay Versus Performance becomes effective on October 8, 2022, and will require new executivecompensation disclosures for the upcoming proxy season (for annual proxy statements that include executivecompensation disclosure for fiscal years ending on or after December 16, 2022).
On September 26, 2022, the Internal Revenue Service (IRS) extended the amendment deadline for non-governmental qualified retirement plans, plans covered under Section 403(b) of the Internal Revenue Code (Code) and individual retirement accounts (IRAs).
On May 5, 2022, McDermott Partner Erin Turley delivered a presentation during the 2022 TEA National Conference titled “Understanding a Trustee’s Role in Management Incentive Plans.” The post Understanding a Trustee’s Role in Management Incentive Plans appeared first on EMPLOYEEBENEFITS BLOG.
82830-4-I, 2022 WL 2206828 (Wash. June 21, 2022). The post Seattle Payroll Expense Tax Upheld by State Appellate Court appeared first on EMPLOYEEBENEFITS BLOG. Seattle Metro. Chamber of Commerce v. City of Seattle, No. The tax, which went into effect on January 1, 2021, […].
We recently reported on an FAQ issued December 23, 2022 (FAQ About Affordable Care Act and Consolidated Appropriations Act, 2021 Implementation Part 56) by the US Departments of Labor, Health and Human Services and the Treasury (collectively, the Departments).
On August 25, 2022, the US Securities and Exchange Commission (SEC) adopted final rules to implement the pay versus performance disclosure requirement mandated by the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act). The post SEC Adopts Final Pay Versus Performance Rules appeared first on EMPLOYEEBENEFITS BLOG.
On August 25, 2022, the US Securities and Exchange Commission (SEC) adopted final rules imposing new mandatory “pay for performance” disclosures for most public companies (foreign private issuers, emerging growth companies and registered investment companies are excluded).
Effective January 1, 2023, Washington employers must comply with SB 5761, commonly known as Washington’s Pay Transparency Law, signed by Governor Jay Inslee on March 30, 2022. The post Washington State’s Pay Transparency Law Takes Effect January 1, 2023 appeared first on EMPLOYEEBENEFITS BLOG.
The Securities and Exchange Commission adopted the final clawback rules under Dodd-Frank (the “ Final Rules ”) on October 26, 2022, and we discussed the detailed requirements of the Final Rules and related practical considerations in this earlier blog post.
ROB PROJANSKY : Hello and welcome to Proskauer Benefits Brief, Legal Insights on EmployeeBenefits and ExecutiveCompensation. Third, plans that has suspended benefits under the Multiemployer Pension Reform Act as of March 11, 2021, which is the date on which this new law was enacted.
Proxy advisory firms Institutional Shareholder Services (“ISS”) and Glass Lewis (“GL”) each published their annual policy updates for 2023, which updates made certain changes relating to executivecompensation. [1] Value-Adjusted Burn Rates for Equity Plan Evaluations. Please contact a member of the team with questions. . [1]
In September 2022, Deputy Attorney General Lisa Monaco delivered remarks unveiling the Department of Justice’s revised corporate crime guidance to “prioritize and prosecute corporate crime.” To that end, Monaco emphasized that the DOJ will “reward” companies that claw back compensation from executives “when misconduct occurs.”
Act of 2022 (“ SECURE 2.0 ”) that was signed into law on December 29, 2022 as part of the 2023 Consolidated Appropriations Act includes a slew of changes for retirement plan sponsors and employers. please see our other blog posts or contact a member of Proskauer’s EmployeeBenefits and ExecutiveCompensation group.
In other words, companies should not grant spring-loaded awards under any mistaken belief that they do not have to reflect any of the additional value conveyed to the recipients from the anticipated announcement of material information when recognizing compensation cost for the awards.”
Act of 2022 (“SECURE 2.0”) required that effective as of January 1, 2024 , participants in 401(k) plans, 403(b) plans, or governmental 457(b) plans, who were age 50 or older and whose Social Security wages for the previous year exceed $145,000 (indexed), only be permitted to make catch-up contributions under such plans on a Roth (after-tax) basis.
Twelve years after the enactment of the Dodd-Frank Wall Street Reform and Consumer Protection Act, and many years after the Securities and Exchange Commission started considering regulations implementing the clawback provisions of Dodd-Frank, the SEC published the Final “Clawback” Rules (the “Final Rules”) on October 26, 2022.
As described in Part 4 of our 2022 end of year plan sponsor “to do” list , on October 26, 2022, the Securities and Exchange Commission published the final clawback rules under the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Dodd-Frank”).
For ISO exercises and ESPP transfers occurring in 2022, the Section 6039 employee information statement requirement is satisfied by providing Form 3921 (for ISOs) and Form 3922 (for ESPPs) to employees no later than January 31, 2023.
For ISO exercises and ESPP transfers occurring in 2022, the Section 6039 employee information statement requirement is satisfied by providing Form 3921 (for ISOs) and Form 3922 (for ESPPs) to employees no later than January 31, 2023.
For a calendar fiscal year employer that sponsors an annual incentive program which provides that an employee will vest in any amounts earned if the employee is employed as of the last day of the calendar year, annual incentive payments earned in 2021 must be paid on or prior to March 15, 2022 to qualify as short-term deferral payments.
Consider the following: An Intelligize search completed in May 2022 for publicly filed proxy statements that contain “self-assessment” or “self-evaluation” within three words of “CEO” returns 623 results. The proxy disclosure of the CEO self-assessment process varies, depending on the issuer.
An HCI is generally defined as the lesser of (1) highest paid 1% of the employee population or (2) 250 highest paid employees (compensation must be in excess of the IRS Highly CompensatedEmployeecompensation limit, which is $135,000 for 2022). When is a Payment Contingent on a Change in Control?
From remote work policies to green initiatives, companies realize that people's sustainability is good for business and essential for the well-being of their employees and communities. Over 4500 companies globally have become certified B Corps as of February 2022. (To To answer this question correctly is people sustainability.
Having the best compensation plan will help you avoid the risk of losing them or scaring away potential hires. In addition, you need the best employeebenefits software in 2022 to help you plan your compensation effectively. . Our List of Top EmployeeBenefits Administration Software 2022.
Many of the provisions in this sweeping legislation bring changes to the employeebenefits world of which employers should take note and which are summarized below. The ARPA contains several new rules which impact COBRA benefits. The ARPA contains two funding relief items that benefit single employer pension plans.
Listen to the podcast Tanusha Yarlagadda: Hello and welcome to The Proskauer Benefits Brief: Legal Insights on EmployeeBenefits and ExecutiveCompensation. That concludes our discussion of the DOL’s 2022 final ESG rules. Thank you all for joining us on The Proskauer Benefits Brief.
As foreshadowed by the FTC’s issuance of a Policy Statement in November 2022 outlining new principles to expand its enforcement authority under Section 5 of the FTC Act, the Proposed Rule now invokes that authority to find non-competition clauses to be an “unfair method of competition” under Section 5. Key Takeaways. EPA , 142 S.
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