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News Items, by Subject

Severance pay

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Sixth Circuit Rules That Employees Need Not Return Severance Pay Before Suing
Former Employee Need Not Repay Severance Before Moving Forward with Discrimination Claim
So, You Think You Have a Strong Severance Agreement?
Participant Is Entitled to Deferred Compensation Benefits Despite Termination for Refusal to Transfer Positions
Third Circuit Severance Plan Decision Should Prompt Employers to be Proactive
Third Circuit Dismisses Employees' Class Action Suit and Finds Chemours' Severance Plan Is Not Subject to ERISA
Voluntary Severance Plans: From Success to Backfire
Voluntary Severance Plans: Case on Point
So, You Think You Have a Strong Severance Agreement?
[Official Guidance] Text of IRS Publication 15 (Circular E): Employer's Tax Guide, for Use in 2018 (PDF)
District Court: No ERISA Preemption Where Determination of Benefits Was Non-Discretionary
Employers, Employees Scramble to Consider Tax-Related Actions to Take Before Year-End
Fifth Circuit Court of Appeals Finds Severance Plan Administrator Abused Discretion
[Discussion] Correction of Release Timing Language After Termination
Benefits of Adopting a Formal Severance Plan Under ERISA
Company Discretionary Offer of Voluntary Separation Agreements Did Not Create ERISA-Covered Severance Plan
Separation Agreement Drafting Error Corrected by Michigan Appeals Court
Providing Voluntary Separation Agreements to Some Employees Did Not Create an Informal ERISA Severance Plan
Severance Plans and ERISA
[Official Guidance] Text of IRS Rev. Proc. 2017-28: Credit or Refund of FICA or Railroad Retirement Tax -- Employee Consents (PDF)
[Guidance Overview] Text of IRS Audit Techniques Guide: Golden Parachute Payments (PDF)
Does a Separation Agreement and Release End the Relationship Between an Executive and an Employer?
'Change of Control' Severance Plan Isn't Governed by ERISA, Court Rules
Did You Consider the COBRA Implications of Your Severance Arrangement?
Court Determines Employer's Severance Plan is Subject to ERISA
New SEC Settlements Show Continued Focus on Whistleblower Protection and Severance Agreements
Fifth Circuit Provides Guidance on When ERISA Governs Severance Plans
[Guidance Overview] Companies Should Review Employee Agreements and Policies Following SEC's Aggressive Stance on Impediments to Whistleblowing
SEC Cracks Down on Anti-Whistleblower Severance Agreements
SEC Brings Additional Enforcement Actions Against Companies With Employee Agreements That Impede Whistleblowing
SEC Scrutinizing Severance Agreements for Compliance with Dodd-Frank
SEC Enforcement Action Finds Confidentiality and Waiver Provisions in Severance Agreement Violate Dodd-Frank Whistleblower Protections
SEC Whistleblower Actions Suggest Immediate Changes to Severance and Release Agreements
SEC Enforcement Actions May Require Changes to Severance Agreements
Does Your Severance Plan Trigger ERISA? Why You Should Care and What You Should Do
Severance Plan Was Subject to ERISA, and Properly Denied Benefits to Employee Who Didn't Return Deleted Files
[Guidance Overview] New IRS Regs Under Sec. 409A
[Guidance Overview] New Proposed Regs Issued Under Section 409A
[Guidance Overview] The 409A Proposed Regs: Clarifying Guidance for Employers
Beware the Vested Salary Continuation Trap in Drafting Employment Agreements
Some Executive Rewards Decline, Other Perks Hold Steady
Court Rules Employment Agreement Severance Provisions Can Constitute ERISA Plan
How to Involve Compensation Committees in M&A-Related Decisions
Is a Severance Policy More Like an ERISA Plan, a Writing Desk, or a Raven?
Benefits Litigation Update, Fall 2015 (PDF)
Is Your Company's Severance Policy Subject to ERISA? Should You Care? (PDF)
Vast Majority of Companies Provide Enhanced Severance Benefits Below the NEO Level in a Change in Control
Is Your Severance Policy an ERISA Plan?
CEO Contractual Protection and Managerial Short-Termism (PDF)
Section 409A Corrections to Employment Agreements: Time for an Ounce of Protection in 2015
Fifth Circuit Severance Pay Decision Emphasizes the Need for a Strong Administrative Record
When Does ERISA Govern a Severance Plan?
Second Circuit Provides Test for Whether Severance Pay Policy Is an ERISA Plan
Second Circuit Creates Three-Part Test for Determining Whether Severance Policy Falls Under ERISA
Maintained and Unmodified Since 1996, Severance Policy Plausibly an ERISA Plan
The Changing Landscape of Golden Parachutes in a Say-on-Pay World
Are Top Hat Plans Entitled to a Discretionary Standard of Review?
[Official Guidance] Text of IRS Notice 2015-15: Proposed Requirements for Employee Consents Used to Support a Claim for Refund of Employment Taxes (PDF)
FICA Case Has Broad Implications for Deferred Compensation Plans (PDF)
Text of Federal District Court Opinion: ERISA Did Not Preempt State Law Claims by Former Executive Arising from Agreement to Terminate Benefits Under Section 457(f) Plan in Exchange for Cash Payment (PDF)
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