What's Dinkin Thinkin?Elliot's bio

Proposed Tax Bill Would Dramatically Change Certain Favorable Aspects of Executive Compensation

In its current form, the proposed legislation (The Tax Cuts and Jobs Act, as proposed by the Ways and Means Committee, including amendments proposed by the Committee Chairman) would drastically change the tax treatment of executive compensation in several areas, including: Taxation of nonqualified deferred compensationTaxation of long-term incentives and most forms of equity compensation

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Asking Applicants About Their Salary History May Be Over

Employers who ask applicants about their salary history should be aware of the increase in state and local legislation barring this question.  Consider that numerous states and localities have enacted laws that apply to private employers, including Delaware, Massachusetts, Oregon, Puerto Rico, Philadelphia, San Francisco, and New York City. Other states are considering similar legislation,

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Why a Not-for-Profit Should Implement a Total Compensation Philosophy and What Should it Contain?

Background:Best practices suggest that nonprofit boards of directors establish a compensation policy with specified ranges of acceptable salaries and benefits.  Also, Boards should ensure that they can justify an arms-length standard in their decision-making process. This justification may require nonprofits to focus on a strong governance structure with diverse and qualified board members.In addition, the

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DOL Issues RFI Regarding FLSA Matters

At the end of July, 2017, the U.S. Department of Labor (DOL) published a Request for Information (RFI) regarding the regulations defining the Fair Labor Standards Act (FLSA) exemptions for executive, administrative, professional, outside sales, and computer employees (the white collar exemptions). As you recall, the DOL issued final regulations last year increasing the minimum

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Another State Enacts Equal Pay Legislation with Significant Potential Liability Along with a Path to Be Compliant

Background: The trend of state-enacted legislation regarding equal pay continues, as Oregon recently enacted legislation that creates new obligations and areas of liability for Oregon employers. The law provides that employers may not pay employees performing comparable work at different rates of pay because of their membership in a protected class. The law will further

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Compensation Impact of Executive Termination: More Complicated than a Driverless Car?

  Uber has been in the news lately – for a variety of reasons.  One of these issues involves a former employee of Google who was later hired by Uber. While employed by Google, the executive was involved in their development of a driverless car. When the employee left Google to start his own self-driving

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Can the Use of Prior Salary Alone Support Differences Under the Equal Pay Act?

I have written several pieces about Pay Equity issues – focusing mainly on the steps needed for an employer to assist in demonstrating that their pay practices are appropriate and reasonable, and therefore not discriminatory (see for example: EEO-1 Revisions Are Coming). One of the factors often cited as a possible defense is the use

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Technology Improvements Create Challenges to Remain HIPAA Compliant

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) required the U.S. Department of Health and Human Services (HHS) to develop regulations protecting the privacy and security of certain health information. Did the architects of these rules envision a world with ever changing technology, including the widespread usage of mobile devices and other systems

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April 4th Marks Equal Pay Day – What Does This Mean for Employers?

Pay equity day marks the number of days into 2017 that the average woman will have earned the same amount that the average man earned, who worked all of 2016. There is no doubt that pay equity has become a high priority for employers, as administrative agencies and multiple states have moved to address pay

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Will High-Risk Insurance Pools Be Part of the Solution In a Post-ACA World?

I am not sure of the direction that repeal and replace the Affordable Care Act (ACA) will go, but one component that will need to change is the individual health insurance market.  Like most issues, identifying the problems is easy (e.g. pool of enrollees is high risk, insurance company participation and competition are not working,

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