On this episode of "Just Compensation," Andrew Graw, Megan Monson, and Jessica I. Kriegsfeld talk about equity plan considerations for public companies. They address various drafting considerations that are specific to public companies, including how proxy advisory firms view certain plan provisions. The conversation also touches on stockholder approval and filing requirements for public companies, as well as employment inducement awards.

Speakers:

Andrew E. Graw, Partner and Chair, Executive Compensation and Employee Benefits
Megan Monson, Partner, Executive Compensation and Employee Benefits
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson, Amy C. Schwind, and Jessica I. Stewart 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.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Amy C. Schwind, Counsel, Employment
Jessica I. Stewart, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson, Taryn E. Cannataro, and Zachary Bocian 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 Section 280G Unpacked: Pitfalls and Planning for Tech Startups.

To learn more about 'Top Hat' structures, listen to Puttin' on Your Top Hat: How to Effectively Structure a Deferred Compensation Plan as a "Top Hat" Plan.

Speakers:

Megan Monson, Partner, Executive Compensation and Employee Benefits
Taryn E. Cannataro, Counsel, Executive Compensation and Employee Benefits
Zachary Bocian, Associate, Executive Compensation

In this episode of Just Compensation, Jessica I. Kriegsfeld is joined by Lauren M. Hollender 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:

Lauren M. Hollender, Counsel, Employment
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Jessica I. Kriegsfeld, Amy C. Schwind, and Adam Dickson 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:

Adam Dickson, Counsel, Emerging Companies & Venture Capital
Amy C. Schwind, Counsel, Employment
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson, Julie Levinson Werner, and Jessica I. Kriegsfeld 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:
Megan Monson, Partner, Executive Compensation and Employee Benefits
Julie Levinson Werner, Partner, Vice Chair, Employment
Jessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits

In this episode of Just Compensation, Megan Monson and Jessica I. Kriegsfeld talk to Anthony O. Pergola, Vice Chair of Lowenstein's Emerging Companies & Venture Capital 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 "Change of Control: Golden Parachute Rules in the Sale Process" for a more detailed overview of Section280G.

Speakers:
Megan Monson, Partner, Executive Compensation, Employment & Benefits
Anthony O. Pergola, Partner, Vice Chair, Emerging Companies & Venture Capital
Jessica Kriegsfeld, Associate, Executive Compensation, Employment & Benefits

In this episode of "Just Compensation," host Megan Monson invites Lauren M. Hollender and Amy C. Schwind of Lowenstein's Executive Compensation, Employment & Benefits 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:
Megan Monson, Partner, Executive Compensation and Employee Benefits
Lauren M. Hollender, Counsel, Employment
Amy C. Schwind, Counsel, Employment