The Justice Insiders Podcast: Feds Danske to a New Tune
As 2020 Winds Down, Keep Your Guard Up!
Revisiting Executive Compensation and Employee Incentive Plans
Three Timely Benefits Items Everyone Should Know
WHERE HAVE YOU GONE, CHIP HILTON?
III-44- A Little Help From The DOL
I-20 - Special Holiday Party Episode
Unfair and Unbalanced-Episode 18
Bill on Bankruptcy: Easterbrook Turns the Tide on Student Loans
Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
Lat: Law Firms Must Get Big, Profitable or Lost
Lat: 'Measured Comeback' for BigLaw; Associate Bonuses Rising
Bill on Bankruptcy: Will 2013 Be Kind To The Bankruptcy Bar?
The South Korean Supreme Court recently ruled that bonus payment can be conditioned on the employee remaining employed on the payment date, resolving an issue that had been left unclear in a prior decision. ...more
An employer in the Netherlands has to inform an employee in writing or electronically of the key terms of employment, including any bonus plan, within one month of starting work. This obligation to provide information ensues...more
In a reassuring decision for employers, the UK High Court has confirmed that an employer’s use of a contractual provision to claw back an employee’s bonus was lawful. The ruling in Steel v Spencer Road LLP provides helpful...more
The Federal Trade Commission (FTC) recently reported that it had received over 25,000 comments on its proposal to ban employment noncompetition agreements. Most of the discussion over the proposal involves traditional...more
On March 3, 2023, the U.S. District Court for the District of Puerto Rico issued a decision declaring Law 41-2022 null and void, effectively reinstating the prior state of many of Puerto Rico’s employment statutory...more
In Bowen v. JC Clark Ltd., 2022 ONCA 614, the Ontario Court of Appeal (OCA) put employers on notice that their discretion in awarding discretionary bonuses is not unconstrained and must be exercised fairly and reasonably. ...more
On June 20, 2022, Governor Pedro Pierluisi signed into law Act No. 41-2022, instituting drastic changes to labor and employment laws in Puerto Rico and extending employment rights for employees in the private sector. In doing...more
Although not his most lyrically creative effort, John Mayer’s “Say” has a very important lesson for those drafting contracts: “Say what you need to say.” That refrain, which can be heard over 40 times in the original song, is...more
In this episode of The Proskauer Benefits Brief, Proskauer partner David Teigman, senior counsel Nick LaSpina, and special guest Michelle Garrett, a principal at the compensation consulting firm Semler Brossy, discuss...more
As physicians continue to trend towards an employment model, the employment agreements physicians are asked to sign by hiring practices and facilities are likewise becoming increasingly standardized and more difficult to...more
Beginning on December 1, 2022, Nevada public employers will have new limitations placed on certain common elements contained in employment contracts. Governor Sisolak recently signed Assembly Bill 385 into law, prohibiting a...more
In a wrongful dismissal claim in Ontario, it is up to the employer to prove that employees failed to mitigate their damages and that had they taken reasonable steps to do so, they would have likely obtained equivalent or...more
COVID-19 has left many companies to balance competing responsibilities. While the primary focus is on taking care of employees and ensuring business continuity, new challenges are arising in appropriately managing executive...more
In the case of Xu Yi Jun v GF Capital (Hong Kong) Limited (CACV 502 & 577 / 2019) (Date of Judgment: 6 August 2020), the Hong Kong Court of Appeal (the “Court”) considered (i) the employee’s entitlement to a guaranteed bonus...more
Arizona law with respect to payment of bonuses and/or commissions is not always clear. There are many issues for both the employer and employee to consider. Below is a summary of some of things both parties should consider in...more
This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more
Seyfarth Synopsis: On November 27, 2019, the United States Court of Appeals for the First Circuit held that, under Massachusetts law, a terminated employee asserting a claim for being deprived of lost compensation in breach...more
Right of First Refusal EO Revoked. Last week, President Trump issued an Executive Order revoking Executive Order 13495 issued by President Obama in January 2009. EO 13495 required that successor Federal service contractors...more
A decree, dated July 26, 2019, has set a principle of modulation of employers’ contribution to the mandatory unemployment scheme (between 3 and 5.05%) depending on the number of contract terminations. All terminations count,...more
This edition of Employment Flash looks at a series of recent NLRB decisions, many of which apply to all employers, not just those with unionized employees. We also discuss other U.S. federal and state labor and...more
When a company negotiates either an employment agreement or separation agreement with an employee, the employee benefits offered are typically a large piece of the total package. However, the terms of these types of...more
As we have previously discussed, the Puerto Rico Department of Labor (PR DOL) has recently published the first edition of its Guidelines on the Interpretation of Puerto Rico’s Employment Legislation (Guidelines), which...more
It’s the week before Christmas, and in our practice group meeting, We look back and consider the year that’s completing. The wage-hour nuggets that earn all our favor, Wond’ring “Is this the last time I’ll be rhyming ‘class...more
Some employers like the concept that employees must repay a bonus if the employee is no longer employed as of a certain date. This may be permissible in Germany, but only under narrow circumstances. On June 27, 2018, the...more