Deferred Compensation: A Primer on Section 409A of the Code and Why it Matters
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
Release Date: 05/16/2024
Avoiding the Bad Breakup: Employee Termination Considerations
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of Just Compensation, , , and discuss employer considerations for involuntary termination of employees, including terms in the employee's contract, reason for termination, and release agreements like severance plans. They cover risks of retaliation or other claims if the employee is a member of a protected class or is on or intends to go on a leave of absence. The conversation reviews state and federal regulation as well as COBRA, 409A tax code, and the WARN act. The episode relays that terminating an employee must be a well thought-out and careful decision. ...
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Sell Your Company, Not Your Employees: Employee Retention Tactics During Sales
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of Just Compensation, , , and discuss employee retention strategies during a company sale, including transaction bonuses, retention bonuses, management carve-out plans, and severance plans. They assess whether the seller or buyer is responsible for funding retention tools and address the legal and practical considerations of such arrangements. To learn more about 280G, listen to To learn more about 'Top Hat' structures, listen to Speakers: , Partner, Executive Compensation and Employee Benefits, Counsel, Executive Compensation and Employee Benefits, Associate,...
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A Handbook on Handbooks: Creating the Right Employee Handbook for Your Company
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of Just Compensation, is joined by to discuss employee handbooks, including varying state and federal laws and best practices for creating, distributing, and maintaining employee handbooks. Hollender explains that employee handbooks are not one-size-fits-all, and they should be customized to fit the company's size, location, and culture. Speakers: , Counsel, Employment, Associate, Executive Compensation and Employee Benefits
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Employment Considerations for Early-Stage Companies
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of Just Compensation, , , and discuss employment considerations for early-stage companies, including best practices to be compliant with applicable employment laws and to build a strong foundation to grow and attract talent. Speakers: , Counsel, Emerging Companies & Venture Capital, Counsel, Employment, Associate, Executive Compensation and Employee Benefits
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Tips for Engaging Temporary Workers
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of Just Compensation, , , and delve into considerations associated with engaging temporary workers, particularly through a staffing agency. They discuss the benefits of engaging temporary workers, pitfalls to avoid, and best practices. Speakers: , Partner, Executive Compensation and Employee Benefits, Partner, Vice Chair, Employment, Associate, Executive Compensation and Employee Benefits
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Section 280G Unpacked: Pitfalls and Planning for Tech Startups
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of Just Compensation, and talk to , Vice Chair of Lowenstein’s practice group, about the complexities and challenges of Section 280G, a section of the Internal Revenue Code which can be implicated during company change-of-control transactions. The hosts discuss tips for navigating Section 280G and planning strategies to mitigate adverse tax consequences, emphasizing the importance of early preparation and clear communication throughout the M&A process. Refer to episode "" for a more detailed overview of Section280G. Speakers: , Partner,...
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Navigating the Nuances of Parental Leave
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of "Just Compensation," host invites and of Lowenstein's practice group to discuss the intricacies of parental leave. They assess differences in federal and state laws, as well as best practices and considerations for parental leave policies. Speakers: , Partner, Executive Compensation and Employee Benefits, Counsel, Employment, Counsel, Employment
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AI Use in Employment Decisions
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode, host talks with from Lowenstein's practice group about AI's growing role in human resources processes and employment decisions. They discuss what is permitted under applicable laws, potential discriminatory impact, and recommendations for employers that are using AI for employment decisions. Speakers: , Partner, Executive Compensation and Employee Benefits , Counsel, Employment
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Navigating Employment Considerations in M&A Transactions
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of "Just Compensation," , , and of Lowenstein's practice group discuss employment and employee benefit considerations in the context of an M&A transaction. The conversation explains typical treatments of certain types of payments and equity in connection with an M&A transaction, as well as certain employment law considerations and best practices. Speakers: , Partner, Executive Compensation and Employee Benefits, Counsel, Executive Compensation and Employee Benefits, Associate, Executive Compensation and Employee Benefits
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Preparing for an M&A Transaction from an Employment and Executive Compensation Perspective
Lowenstein Sandler's Executive Compensation and Employee Benefits Podcast
In this episode of “Just Compensation,” , , and of Lowenstein’s discuss some considerations for a company preparing for an M&A transaction with respect to employees, employee benefits and compensation. The conversation delves into the importance of being prepared for diligence, the curation of a proper knowledge group, and the implementation of various retention tools. Episode Resource: Speakers: , Partner, Executive Compensation and Employee Benefits , Counsel, Executive Compensation and Employee Benefits , Associate, Executive Compensation and Employee Benefits
info_outlineOn this episode of “Just Compensation,” the hosts provide an introduction into Section 409A, the complicated tax code provision that governs non-qualified deferred compensation: when does it apply, how do you comply with it, what are the exceptions, and what are the implications of noncompliance?
Speakers:
Darren Goodman, Vice Chair, Executive Compensation and Employee Benefits
Megan Monson, Partner, Employee Benefits & Executive Compensation
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefit