What's Dinkin Thinkin?Elliot's bio

Treatment of Settlements After Tax Act

Unfortunately, the news is full of a multitude of stories regarding sexual harassment. Companies are aggressively trying to control the damages associated with these claims, while the brave victims who come forward want to protect their privacy.As part of the recently signed tax law, a new section was added to the Internal Revenue Code that

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It Is Possible to Teach An Old Dog New Tricks: New Dress Code Works for All

In the later part of 2017, our Management Team began the process of reviewing our current dress code policy.  By way of background, our historical policy was a business casual dress policy, with the ability to wear jeans on Friday.  Although we really had no major issues with this policy, we embarked upon a process

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Final Tax Bill: What’s In and What’s Out for Aspects of Executive Compensation

On December 22, 2017, President Trump signed the Tax Cuts and Jobs Act (TCJA) into law. The following is a summary of the provisions:While our prior summary outlined the proposed Section 409B, this summary looks at what TCJA actually does. Generally 4098B would have taxed nonqualified deferred compensation and other incentive compensation (including stock options)

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Proposed Tax Bills: What’s In and What’s Out for Aspects of Executive Compensation

On December 2, 2017, the US Senate passed its version of the Tax Cuts and Jobs Act Bill. With respect to the executive compensation provisions, the Senate Bill, generally, aligns with the corresponding bill passed by the US House of Representatives on November 16, 2017. However, both the Senate Bill and the House Bill differ significantly

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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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February 2018
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