How Will The New Overtime Rules Affect You?

34899216_l (2)Is your mind already racing about how the new overtime regulations will affect your company? The media is buzzing about today’s release of the U.S. Department of Labor’s new rules regarding overtime pay.  The recent DOL publication highlights the following changes: Continue reading

What are current (2016) best practices for employee stock option programs for US pre-IPO startups?

Question: (org. on Quora)

Answer (by Dan Walter)

Hi Alex.  Thanks for the A2a.  And thanks to Shriram Bhashyam for also recommending me.
The first thing to clarify is the difference between “best practices” and most common practices. In the realm of equity compensation the most common practices are seldom the best. I will try and cover a bit of both.
“Early Stage” has also become a term of art in many cases. In this case I will write from the perspective of a company who may have up to a medium sized B Round. Your company may certainly fall into a different category.
Lastly, before I get into details, please realize that essential ANY equity compensation data is wrong at some fundamental level. Since you are unlikely to know how another company has designed their plan, what their investors expectations are, what the releasing timeline and potential value at the time of liquidity and whether the liquidity event is focused on IPO or acquisition (*and a series of other potential factors), you may be comparing apples to hotdogs, or plastic cups. (A list of the 11 reasons your equity compensation data is wrong)
The most common practices in the Silicon Valley (another assumption I am making, since these rules may not apply to you if you are located elsewhere) have been generally boxed in by VCs over the past couple of decades. The VC sway on startups is so strong that many companies (and many VCs) don’t realize that there may be other ways.  In summary:

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eHarmony Gets It! It’s About Professional Relationships

12 pillars sunset square (2)In today’s news, eHarmony announced that they are planning to expand from personal to professional matchmaking. Performensation has long held that finding the right people to work for your company is attuned to online dating. Like finding your true love, every employee wants to work at a company that “gets him or her”.

In the past, many employers held the power position. Companies believed that if they were providing jobs that paid a fair wage with decent working conditions, then people should be happy to work for them.  In today’s world, this is no longer enough. Just like Continue reading

Executive Pay Claw backs – Things Just (Almost) Got Real!

Clawbacks - the SEC is serious - image (2)The date: July 1, 2015.

The place: Washington D.C.

The situation: The SEC proposes rules for executive compensation claw back provisions required by the Dodd-Frank Wall Street Reform and Consumer Protection Act.

The SEC has finally proposed the long-awaited rules for executive pay claw back. Rule 10D-1 describes who, what, when and how “erroneously awarded executive compensation” must be returned to the company.

Who: The net is fairly deep and broad.

Recovery would be required from Continue reading

1.8 Million Reasons NOT to Become CEO

1point8 million reasons not to work-f2 (2)Being the CEO of a company is a great job, if you can get it. It’s an even better job if you can be paid NOT to get it!

Coty is the multinational beauty manufacturer of brands such as: Calvin Klein fragrances, Davidoff perfumes, Adidas Bodycare, and Sally Hansen nail care products. The company has just announced that it must pay someone $1.8 million even though they didn’t actually work as the company’s CEO. How in the world can this happen? Let me explain. Continue reading

HR Can’t Afford to Ignore Compensation

whiteboard lightbulb dollarsign (2)A generous person gave three business partners $1 million and said they could use it however they wanted. The only caveat was that the business plan allocated 70% of the money to predetermined overhead. This could be reduced to as little as 55% if the partners planned and executed carefully. While all three individuals agreed to accept the money, they had very different ideas on what to do with it. Continue reading