Executive compensation is more than just a salary. Most highly compensated employees have unique compensation plans designed to minimize the tax burden while providing additional compensation to executives for achieving certain company goals. The types of employees who are typically paid with executive compensation packages include company presidents, chief executive officers (CEOs), chief financial officers (CFOs), chief operating officers (COO), chief information or technology officers (CIOs or CTOs), vice presidents, managing directors, and other senior executives or sales personnel.
We represent executives negotiating compensation arrangements, either when the arrangement is being created, when they are exiting employment, or after a dispute has arisen. Our practice also includes assisting clients in structuring a variety of equity compensation arrangements and nonqualified deferred compensation plans, such as split-dollar life insurance, 409A plans, stock options, restricted stock awards, restricted stock units, deferred compensation plans, supplemental executive retirement plans (“SERPs”), “mirror” 401K plans, phantom stock, stock appreciation rights, bonus arrangements, non-qualified plans, and Rabbi Trusts.
When a dispute arises over compensation, it is important to hire an attorney who understands the tax implications of the original compensation agreement. Bryan Tyson has a master’s of law degree (LL.M.) in taxation and employee benefits, and over twenty-one years of experience practicing benefits and compensation. Because our attorneys both plan and litigate complicated compensation arrangements, they can help you resolve your dispute in a way that protects the tax treatment of your compensation.
Our attorneys guide clients through the complexities of federal and state laws and the regulations that impact executive compensation. Some of the compensation programs listed above are subject to ERISA, while others are subject only to state law.
In addition to counseling on the legal aspects of regulation, we also provide practical advice on designing and implementing executive compensation arrangements to achieve business objectives across the spectrum, from short-term incentives to retirement planning. We also handle all forms of executive compensation litigation if a dispute arises between the executive and the company.
Our Charlotte attorneys offer consultations on all executive compensation matters, whether you are the executive or you are the company. Call us at 704.919.1519 or send us an email to schedule a time to speak with one of our attorneys
Marcellino & Tyson, PLLC maintains co-counsel relationships with attorneys in South Carolina, Maryland, Georgia, Virginia and in each state in which we assist disability/ERISA clients.