In this episode of Just Compensation, Andrew E. Graw, Taryn E. Cannataro, and Zachary Bocian discuss ESOPs, employee stock ownership plans. The conversation covers the tax and non-tax benefits of ESOPs, and how ESOPs can be used by shareholders of closely-held companies to diversify all or some of their equity in the company.

Speakers:

Andrew E. Graw, Partner and Chair, 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, 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 BenefitsAmy C. Schwind, Counsel, EmploymentJessica 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 BenefitsTaryn E. Cannataro, Counsel, Executive Compensation and Employee BenefitsZachary 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, EmploymentJessica 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 CapitalAmy C. Schwind, Counsel, EmploymentJessica 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 BenefitsJulie Levinson Werner, Partner, Vice Chair, EmploymentJessica 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 & BenefitsAnthony O. Pergola, Partner, Vice Chair, Emerging Companies & Venture CapitalJessica 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 BenefitsLauren M. Hollender, Counsel, EmploymentAmy C. Schwind, Counsel, Employment

In this episode, host Megan Monson talks with Amy C. Schwind from Lowenstein's Executive Compensation, Employment & Benefits 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: Megan Monson, Partner, Executive Compensation and Employee Benefits Amy C. Schwind, Counsel, Employment

In this episode of "Just Compensation," Megan Monson, Taryn Cannataro, and Jessica Kriegsfeld of Lowenstein's Executive Compensation, Employment and Benefits 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: Megan Monson, Partner, Executive Compensation and Employee BenefitsTaryn E. Cannataro, Counsel, Executive Compensation and Employee BenefitsJessica Kriegsfeld, Associate, Executive Compensation and Employee Benefits