Description
Recognize and avoid compliance and business risks associated with various types of compensation arrangements.Never in the history of company management has there been a greater array of challenges facing the board of directors, compensation committee, or owner that must determine how and what to pay company executives. Inflation, regulation, supply chain interruptions, and increased shareholder demand that the executive’s compensation actually reflect the executive’s performance (and, in turn, shareholder return on investment) all coalesce to create an environment full of conflicting expectations and obligations. Talented executives are hard to find and keep. It is difficult to set performance expectations and compensation triggers when forces outside the executive’s control may negatively impact company profitability and owner investment returns. This topic will help those that create, administer, and advise compensation committees, company boards of directors, and owners on executive pay. This presentation will help the compensation administrator assure directors, compensation committee members, and shareholders that money paid to the executive will actually help retain and incentivize the executive and fairly reflect the executive’s job performance.
Date: 2023-02-15 Start Time: End Time:
Learning Objectives
Executive Compensation – Trends and Limitations
• Popular Types of Executive Compensation Arrangements
• Justifying Executive Compensation as an Incentive to Retention and Performance
• Weighing Shareholder Interests Versus Keeping Your Executives
• Benchmarks for Performance (Direct and Comparative)
Compensation-Related Legal and Enforcement Actions
• Regulatory Enforcement
• Shareholder Derivative Complaints
• Section 280G
• Section 409A
• Executive or Employee Complaints
Change of Control Agreements-Triggers and Stopping Points
• Problems With Starts and Stops
• Coordination With Language of Employment Agreements
• Short-Term Deferrals Versus Deferred Compensation
• The Friendly Change of Control
One-off Bonus and Severance Agreements
• Issues That Arise When Extraordinary Payments Are Made
• Communications With Shareholders
• Problems That Arise When You Buying off Your Bad Executive
Common Errors in Executive Compensation Administration
• Creating Tax Issues for the Executive
• Failing to Recognize When Income Should Be Recognized
• Wage Versus Capital Gains Treatment of Payouts
• The Missing Employee
• Issues That Arise When the Company Needs to Buy Out a Compensation Program
AIPB ,CLE (Please check the Detailed Credit Information page for states that have already been approved) ,HR Certification Institute ,SHRM ,Additional credit may be available upon request. Contact Lorman at 866-352-9540 for further information.
Kathleen R. Barrow-Fox Rothschild LLP