News & Analysis as of

Compensation & Benefits Employment Contract Employment Litigation

Blake, Cassels & Graydon LLP

Five Employer Wins and Counting: Is the Tide Turning?

In a shift from the prevailing trend of employee-friendly case law regarding the interpretation of employment and compensation agreements, Canadian courts have recently issued a series of rulings in favour of employers. ...more

Farrell Fritz, P.C.

The Forfeited Equity Trap: Why Your Non-Compete Might Be Worthless

Farrell Fritz, P.C. on

Imagine you’re a private equity firm. You buy a company, and you want to retain and incentivize key employees, so you give them some equity in the form of incentive units.  You also want to prevent them from running off and...more

Troutman Pepper Locke

Restrictive Covenants Unenforceable Where Consideration Forfeited

Troutman Pepper Locke on

In North American Fire Ultimate Holdings, LP v. Alan Doorly, the Delaware Court of Chancery held that the restrictive covenants included in an incentive unit grant agreement were unenforceable when the units received by the...more

Ius Laboris

South Korean Supreme Court Upholds ‘Payment Date’ Requirements

Ius Laboris on

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

Ary Rosenbaum - The Rosenbaum Law Firm P.C.

The whole job offer fiasco

I have been an ERISA attorney since 1998. More than half my career now has been in my practice for 15 years this April. For about a three-year run from 2007-2010, I had three different jobs, and the whole process of working...more

Troutman Pepper Locke

Feeling Competitive: The Reasonableness of Forfeiture-for-Competition Provisions

Troutman Pepper Locke on

In 2024, employers rushed to track the twists and turns of the Federal Trade Commission’s (FTC) noncompete ban, which attempted to limit the enforceability of agreements that restrict employees from working for a competitor...more

Orrick, Herrington & Sutcliffe LLP

Lapse of Virtual Stock Options in the Event of Voluntary Resignation – Good Leaver or Bad Leaver?

On March 19, 2025, the German Federal Labor Court (Bundesarbeitsgericht) ("FLC") ruled that a provision in an employee stock option plan providing for the immediate forfeiture of vested virtual stock options in the event of...more

Seyfarth Shaw LLP

Asking Again-Do You Really Want to Keep Paying Commissions to the Salesperson You Fired? (Update)

Seyfarth Shaw LLP on

We previously wrote about the procuring-cause doctrine here. As a refresher, the procuring-cause doctrine provides that a salesperson or other agent who contracts for a commission becomes entitled to payment of the commission...more

Littler

French Supreme Court Holds Stock Options and RSUs Are Excluded from the Calculation of the Dismissal Indemnity

Littler on

For several years, the French Supreme Court has been uncertain regarding the inclusion of stock options and restriction stock units (RSUs) in the termination indemnities (severance and notice period payment) calculation base....more

Littler

Ontario, Canada Court of Appeal Finds Employers’ Discretion in Awarding Discretionary Bonuses Must be Exercised Fairly and...

Littler on

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

Hogan Lovells

Update Bundesarbeitsgericht: Entscheidungsgründe zur „Rider“-Rechtsprechung veröffentlicht

Hogan Lovells on

Am 10. November 2021 entschied das Bundesarbeitsgericht (BAG), dass Arbeitnehmende, die als sogenannte „Rider“ Speisen und Getränke mit dem Fahrrad ausliefern, grundsätzlich einen Anspruch auf Bereitstellung eines...more

Orrick, Herrington & Sutcliffe LLP

Orrick’s 101 – Labor Court Proceedings

Labor court proceedings are of great importance in Germany. Employees and employers often meet again in court, especially when it comes to the termination of their employment relationship. The German labor court procedure has...more

Orrick, Herrington & Sutcliffe LLP

Top Takeaways for Employers from the Latest Decision on German Bike Delivery Services

During the Corona pandemic, bike delivery services experienced a boom in Germany. One provider has been newly listed on the major German stock index DAX, another one is the fastest-growing German unicorn of all times. Major...more

Hogan Lovells

German Federal Labour Court decides on food courier’s entitlement for bicycle and smartphone

Hogan Lovells on

The German Federal Labor Court (Bundesarbeitsgericht – BAG) confirmed the judgement of the Regional Labor Court of Hesse (Hessisches Landesarbeitsgericht – LAG Hessen, file no. 14 Sa 306/20) with its judgement of 11 November...more

Hogan Lovells

BAG: „Rider“ haben Anspruch auf Ausstattung mit verkehrstüchtigem Fahrrad und einem Mobiltelefon

Hogan Lovells on

Das Bundesarbeitsgericht (BAG) bestätigt in seinem Urteil vom 10. November 2021 (Az. 5 AZR 334/21) eine Entscheidung des Hessischen Landesarbeitsgerichts (LAG Hessen, Az. 14 Sa 306/20): Arbeitnehmende, die als...more

Seyfarth Shaw LLP

Close Was Not Close Enough: First Circuit Denies Executive’s Implied Covenant Claim For Unpaid Equity Compensation Related To A...

Seyfarth Shaw LLP on

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

Littler

Supreme Court of Canada to Decide the Extent of Employers’ Duty of Trust, Honesty and Good Faith in the Performance of Incentive...

Littler on

It is rare for an employment law case to come before the highest court in Canada. One of 2019’s most significant developments was the Supreme Court of Canada’s decision to consider an employee’s appeal of the Nova Scotia...more

Stinson - Corporate & Securities Law Blog

Does a Requirement to Pay “Target Variable Compensation” Include Equity Awards?

In Batty v. UCAR International Inc. et al the Delaware Court of Chancery considered the terms of a severance agreement. The agreement, which was entered into in 2000, set the compensation that plaintiff Batty, who was...more

18 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide