Compensation

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SEC, Implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act resource Agency Web Sites OCEG Reviewed

This SEC site references all the rules that the Commission has proposed or adopted in connection with the Dodd-Frank Act. That Act contains more than 90 provisions that require SEC rulemaking, and dozens of other provisions that give the SEC discretionary rulemaking authority. Of the mandatory rulemaking provisions, the SEC has proposed or adopted rules for about three-quarters of them.

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FASB, Proposed Accounting Standards Update: Compensation—Retirement Benefits—Multiemployer Plans (Subtopic 715-80): Disclosure about an Employer’s Participation in a Multiemployer Plan (September 1, 2010) resource Standards and Guidelines OCEG Reviewed

Purpose: The FASB is issuing this proposed Update to obtain feedback from stakeholders on its proposed amendments for disclosing additional information about an employer’s participation in a multiemployer plan (for example, for pension or retiree healthcare).

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FASB Proposes Disclosures About an Employer’s Participation in Multiemployer Plans (Deloitte, September 2010) resource Articles OCEG Reviewed

Vol. 17 Heads Up Issue 30 (Seotember 2, 2010)

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Separation Pay Arrangements Under Section 409A (July 2010) resource Articles OCEG Reviewed

Section 409A of the American Jobs Creation Act of 2004 mandates specific requirements for nonqualified deferred compensation plans in order for recipients of the deferred compensation to avoid the immediate inclusion in income of vested benefits, the imposition of a 20 percent penalty, and an interest charge.

The Metropolitan Corporate Counsel; Minich, Dennis A.; July 5, 2010

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DOL, WHD - Administrator’s Interpretation No. 2010-2: Section 3(o) of the Fair Labor Standards Act, 29 U.S.C. § 203(o), and the definition of "clothes" (June 16, 2010) resource Agency Guidances

Summary: Section 3(o) of the Fair Labor Standards Act (FLSA) provides that time spent “changing clothes or washing at the beginning or end of each workday” is excluded from compensable time under the FLSA if the time is excluded from compensable time pursuant to “the express terms or by custom or practice” under a collective bargaining agreement. 29 U.S.C. § 203(o).

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IRS, Independent Contractor (Self-Employed) or Employee? resource Agency Guidances

It is critical that businesses correctly determine whether the individuals providing services are employees or independent contractors. Generally, a company must withhold income taxes, withhold and pay Social Security and Medicare taxes, and pay unemployment tax on wages paid to an employee. Companies do not generally have to withhold or pay any taxes on payments to independent contractors.

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DOL, WHD - Wage and Hour Division Adminstrator Interpretations resource Agency Web Sites

Effective date March 24, 2010:

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Proposed Guidance on Sound Incentive Compensation Policies (Federal Reserve, 2009) resource Agency Guidances

74 Federal register 55227 (October 29, 2009)

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Federal Reserve, OCC, OTS, FDIC Issue Final Guidance on Incentive Compensation (June 21, 2010) resource Agency Guidances OCEG Reviewed

Press Release from the Federal Reserve.

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