C-Suite Contracts: Unpacking Executive Pay and Protection

Executive employment agreements are more than just salary statements—they’re strategic tools that define the relationship between top leadership and the organization. Explore how these contracts govern compensation, bonuses, equity, severance, and protections like non-compete and change-in-control clauses. From golden parachutes to clawback provisions, executive contracts reflect a high-stakes blend of negotiation, legal precision, and alignment with shareholder interests.

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• Employee Benefits & Executive Compensation Key Legal Developments Tracker (Current)
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  • Retirement Plans. DOL's EBSA Division has rescinded its 2022 compliance releasethat previously discouraged fiduciaries from including cryptocurrency options in 401(k) retirement plans. DOL, News Release.
  • Health and Welfare Plans. HHS rescinds informal guidance interpreting sex-based discrimination, including its 2021 interpretation of Section 1557 of the Affordable Care Act, in response to executive orders and directives aimed at deregulating the executive branch. 90 Fed. Reg. 20393 (May 14, 2025); Presidential Executive Actions Tracker.
  • Executive, Incentive, and Equity-Based Compensation. DOL’s Wage and Hour Division advised it will cease to enforce the Biden administration’s rule defining the term “independent contractor” under the Fair Labor Standards Act (FLSA) (which aimed to reclassify gig workers as employees rather than independent contractors), instead relying on criteria set forth in a DOL 2008 Fact Sheet.Field Assistance Bulletin No. 2025-1; DOL, News Release.
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