Employment and Executive Compensation
Our Employment and Executive Compensation Group advises clients on all aspects of the employment relationship, including general employment law issues, executive compensation and employee benefits. We provide creative solutions to help our clients achieve their objectives and mitigate risks. We pride ourselves in our ability to use our staff and resources efficiently to help our clients control costs.
Our clients include private and publicly held companies, domestic and foreign, ranging in size from just a few employees to thousands. We help our clients provide the right incentives and working environment to recruit, retain and motivate the most talented employees. We also counsel our clients on the more sensitive employee issues that arise from time to time. In addition, we advise compensation committees and boards on good governance practices for establishing executive compensation arrangements. And we also represent individual executives and management teams in connection with their employment and compensation relationships.
We are routinely called upon to handle matters that include the following:
GENERAL EMPLOYMENT
Prepare and review employee handbooks and related policies and procedures
Conduct and advise on investigations of alleged improper conduct
Advise on employee discipline, terminations and reductions in force
Assist clients to comply with the myriad of employee-related laws (e.g., Fair Labor Standards Act, Title VII of the Civil Rights Act, FMLA, ADA, ADEA, WARN and comparable state statutes)
Advise on wage and hour practices and worker classification
Negotiate employment and severance agreements
Negotiate, enforce and defend confidentiality and noncompetition agreements
Negotiate, mediate, arbitrate or litigate employee disputes
EXECUTIVE COMPENSATION
In designing executive compensation arrangements, we focus on the business and policy considerations that are important to our clients, including competitive market position, protection of trade secrets, public disclosure, compliance with securities laws, financial reporting, retention concerns, succession planning, tax implications (for both the company and the covered individuals) and corporate governance and shareholder-related matters.
Our attorneys are skilled in drafting and managing the following:
Executive employment agreements
Equity compensation and phantom stock arrangements
Incentive compensation plans, short and long term
Deferred compensation plans
Tax issues related to these plans and arrangements, including sections 280G, 409A and 162(m) of the Internal Revenue Code
Disclosure and securities issues arising in connection with executive compensation
CORPORATE TRANSACTIONS
We regularly assist our corporate clients and management teams in connection with the employment issues that arise in the context of a corporate transaction. These matters include:
Merger, stock or asset deals
Creation of change of control plans and agreements to appropriately incentivize management
Initial public offerings
Exchange and tender offers
BENEFITS
Becker Glynn also advises on employee retirement and welfare benefit plan matters, including compliance and fiduciary issues associated with these plans.