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Executive Compensation Highly Compensated Employees

Foley & Lardner LLP

Tricky Compliance Issues for Companies When an Executive Terminates Employment: 409A Applicability to Severance

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Executive employment relationships are rarely permanent. When an executive or other senior-level employee terminates employment, companies often must deal with difficult tax, equity, and benefits issues that arise in...more

Foley & Lardner LLP

Tricky Compliance Issues for Companies When an Executive Terminates Employment: Executive Severance Plans

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Executive employment relationships are rarely permanent. When an executive or other senior-level employee terminates employment, companies often must deal with difficult tax, equity, and benefits issues that arise in the...more

Tarter Krinsky & Drogin LLP

New Year Reminder to Employers: Make Sure Your Exempt Employees Are Being Paid Enough to Maintain Their Status

Starting a new year is a good opportunity for employers to review compensation structures to ensure sure they are paying their employees enough to meet the salary thresholds necessary for an employee to maintain their exempt...more

McCarter & English, LLP

US Department of Labor’s Salary Threshold Hike for “White Collar” Overtime Exemptions Struck Down by Court

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On Friday, November 15, 2024, in Texas v U.S. Department of Labor, a federal district court vacated the US Department of Labor’s (DOL) April 2024 final rule that increased the salary thresholds for the executive,...more

Houston Harbaugh, P.C.

Federal Court Nixes DOL Recent & Upcoming Salary Minimum Increases

Houston Harbaugh, P.C. on

A federal district invalidated on a nationwide basis the regulation issued last April by the U.S. Department of Labor that increased the minimum salary required under federal law for employees otherwise qualifying as exempt...more

Fox Rothschild LLP

Texas District Court Vacates Increases to Salary Threshold for Overtime Exemptions

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The U.S. District Court for the Eastern District of Texas recently vacated the U.S. Department of Labor’s (DOL) regulations issued in April 2024 that increase the salary threshold necessary to satisfy the Executive,...more

Porter Hedges LLP

UPDATE: State of Texas and Business Groups Succeed in Vacating DOL’s Final Rule Increasing Compensation Thresholds for Exempt...

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As we reported earlier this year, the Department of Labor (“DOL”) issued a final rule on April 23, 2024 (the “Final Rule”), raising the salary threshold for the so-called “White-Collar” Exemptions and the Highly Compensated...more

Warner Norcross + Judd

eAlert and Law Shanty: Federal Court Invalidates Department of Labor Rule Increasing Salary Threshold for White Collar Overtime...

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In a major decision issued on Friday, Nov. 15, 2024, the U.S. District Court for the Eastern District of Texas struck down a Department of Labor (DOL) rule that raised the minimum salary threshold required for executive,...more

Jackson Lewis P.C.

A Reprieve for Employers: Texas Court Vacates DOL Rule Increasing Salary Level for Exempt Employees

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In a highly anticipated decision, a federal district court in Texas has vacated the Department of Labor’s (DOL’s) 2024 Final Rule increasing the salary threshold for application of the executive, administrative, and...more

Shipman & Goodwin LLP

District Court Vacates New Overtime Rule, Making It Null and Void Nationwide

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On November 15, 2024, a federal judge in Texas ruled that the U.S. Department of Labor (“DOL”) exceeded its authority when it issued a final regulation significantly raising salary thresholds for the executive,...more

Haynsworth Sinkler Boyd, P.A.

$44K and $59K FLSA Thresholds Struck Down by Texas District Court

The U.S. District Court for the Eastern District of Texas has vacated and set aside the Department of Labor’s rule raising the salary threshold for exempt employees under the Fair Labor Standards Act (FLSA). The decision...more

Roetzel & Andress

Judicial Ruling Halts 2024 Overtime Threshold Increase

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The 2024 increases to the overtime exemption threshold are vacated nationwide and revert to the prior threshold of just under $36,000. We advised you last month that the Federal Rule increasing the minimums for overtime...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Court vacates minimum salary level increase

On Friday, November 15, a federal court in the Eastern District of Texas vacated the U.S. Department of Labor’s 2024 Final Rule which sought to dramatically increase the minimum salary levels required for an employee to...more

Husch Blackwell LLP

The DOL Announces Final Overtime Rule Increasing FLSA Salary Basis

Husch Blackwell LLP on

Tuesday, the U.S. Department of Labor (DOL) announced its final overtime rule that completes the rulemaking process announced in August 2023 and raises the salary basis for overtime exemptions under the Fair Labor Standards...more

Lowenstein Sandler LLP

BREAKING: Federal Trade Commission Imposes Broad Non-Compete Ban and U.S. Department of Labor Increases Overtime Salary Threshold

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April 23, 2024, has been a very busy day on the employment front, with significant, far-reaching moves at the federal level. Non-Compete Ban- First, in a watershed vote during an open commission meeting today, the...more

BCLP

Highly-Paid Executives May Be Entitled to Overtime Compensation

BCLP on

After an extensive analysis of the Fair Labor Standard Act’s (FLSA) provisions governing overtime pay as applied to highly-paid employees, the Supreme Court has upheld the FLSA’s “salary basis test” – finding that not only is...more

Jackson Lewis P.C.

Supreme Court Considers Whether “Highly Compensated” Employees Paid on a “Day Rate” Basis Are Overtime-Exempt Under FLSA

Jackson Lewis P.C. on

On October 12, 2022, the Supreme Court held oral argument to address the decision of the U.S. Court of Appeals for the Fifth Circuit in Hewitt v. Helix Energy Sols. Group, Inc., 15 F.4th 289 (5th Cir. 2021), cert. granted,...more

Husch Blackwell LLP

Attracting and Retaining Key Executives through Deferred Compensation Plans

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Deferred compensation plans offer highly compensated and key employees an opportunity to earn performance awards, defer compensation and taxes until a later date, reduce certain payroll taxes, informally find executive life...more

Lowenstein Sandler LLP

Change of Control: Golden Parachute Rules in the Sale Process

Darren Goodman, Megan Monson, and Taryn Cannataro provide a high-level overview of Section 280G issues that can arise when a private company considers selling (otherwise known as the golden parachute rules), including what...more

Holland & Knight LLP

Congress Expands Covered Employee Limits in Section 162(m) Through American Rescue Plan Act

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President Joe Biden on March 11, 2021, signed the American Rescue Plan Act of 2021 (ARPA), a $1.9 trillion conglomerate of COVID-19 relief, funding and tax legislation. While numerous other provisions of ARPA have received...more

Snell & Wilmer

DOL Finalizes Regulations Requiring Electronic Filing of Top Hat Statements

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On June 17th the Department of Labor finalized a set of proposed regulations requiring that all “top hat” plan statements be filed with the Department electronically though this website. As brief background, a “top hat”...more

Verrill

IRS Guidance Regarding the Section 4960 Excise Tax Is (Somewhat) Helpful

Verrill on

IRS Notice 2019-09 provides guidance intended to help “applicable tax-exempt employers” determine whether compensation paid to their most highly compensated employees will be subject to the 21 percent excise tax imposed under...more

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