A properly designed executive compensation program links the executive's compensation to his or her achievement of performance goals key to the employer's success.
The employee benefits lawyers in Ice Miller's Workplace Solutions Group work with all types of employers in the design and implementation of executive compensation programs. The applicable laws and rules and the types of programs available vary considerably, depending on the type of employer. Our employer clients include publicly traded companies, high-tech and other start-ups, mature privately held companies, not-for-profit entities, public and private universities, and governmental employers. Key to the development of any executive program is an understanding of the employer's goals and a determination of what the executive can do to lead the employer toward those goals. Once this has been determined, the employee benefits team helps the employer establish a program that will provide the appropriate compensation program in a tax-efficient way. We assist publicly traded employers in evaluating shareholder perception, proxy reporting, deduction limits under Code Section 162(m), and other tax and securities law issues unique to publicly-traded employers. We advise all employers on compliance with applicable ERISA, tax, labor, and securities law issues. As part of many executive compensation programs, we also address change of control, retention, non-competition and confidentiality issues.