Reveille & Hyperbole
Mass Layoffs: January
2008. In January, employers took 1,438 mass layoff actions, seasonally adjusted,
as measured by new filings for unemployment insurance benefits during the month. Each
action involved at least 50 persons from a single employer; the number of workers
involved totaled 144,111, on a seasonally adjusted basis. The number of mass layoff
events in January 2008 increased by 5 from the prior month, while the number of
associated initial claims increased by 2,361. The number of initial claims due to mass
layoffs have increased for five consecutive months. In January, 427 mass layoff events
were reported in the manufacturing sector, seasonally adjusted, resulting in 55,488
initial claims. Over the month, mass layoff activity in manufacturing decreased by 35
events, and initial claims decreased by 2,620.
The national unemployment rate was 4.9 percent in January, seasonally adjusted, down
from 5.0 percent in the prior month and up from 4.6 percent a year earlier. Total nonfarm
payroll employment decreased by 17,000 in January from the previous month and increased
by 994,000 from a year earlier.
A new web startupJobBite.com provides inside
information written by current and former employees. It invites professionals to post
employer ratings and share information regarding their current and past employers. These
employer reviews reveal everything from salary, benefits, company culture, to one's own
personal experience. JobBite gives everyone the opportunity to make informed decisions by
granting access to inside employer information, free of charge.
TheLadders.come partners with The Wall Street Journal to serve as a sponsor in the
print edition of the newspaper and on its website. The newly designed CareerJournal
section of WSJ.com is free of charge and features expanded career content, including
videos, slideshows, top-tier job listings, and tools for recruiters and employers.
Industry
Week reports that time-off is the shift worker's primary consideration when comparing
alternative shift schedules. Having adequate time-off allows employees to have a life
outside of work, i.e. the ability to balance their lives at work with their lives away
from work. There are four types of time-off that employees consider when evaluating a
shift schedule: (1) weekends off, (2) total days off, (3) daily time off and (4)
consecutive days off.
US News and World Report interviews Joel Cheesman, aka Cheezhead, the brains behind
recruiting blog Cheezhead.com.
Indepth
From the National Law Journal Online.
IRS amends executive compensation rules
Ninety law firms have banded together for a second time to ask the Internal Revenue
Service to defer or soften executive compensation-related tax rules.
The law firms' Feb. 19 letter was about an IRS "private letter ruling," which offers
written guidance to a taxpayer about how the tax law applies to a particular
situation.
The ruling which countered the agency's prior rulings on the issue, determined that an
unnamed public-company's performance awards to executives failed to qualify for
tax-deductible status under section 162(m) of the Internal Revenue Code of 1986. The
private letter ruling was released on Jan. 25, but the IRS codified it in a formal tax
ruling Feb. 21.
Under section 162(m), public-company compensation of more than $1 million to certain
top executives is not tax deductible, with few exceptions.
The IRS ruling said that because executives could have received the awards for
involuntary termination, and not solely for meeting performance goals, they did not meet
the IRS' exception criteria.
Two days later, the IRS issued a revenue ruling, or an official statement about the
tax code, which upheld the conclusions in the private letter ruling, but delayed
implementation of most of the ruling until Jan. 1, 2009.
Amending bonus plans
The lawyers aren't pleased by the substantive result, but the delayed implementation will
help compliance, said Regina Olshan, an employee benefits and executive compensation
partner at New York's Skadden, Arps, Slate, Meagher & Flom, and part of the small,
multi-firm group of lawyers who spearheaded the letter.
"Many people will have to amend their [incentive bonus] plans and employment
agreements," Olshan said. "This is a typical provision."
Mark Wincek, in the Washington office of Atlanta's Kilpatrick Stockton, signed the
letter on behalf of the 90 firms, which included: DLA Piper; Jones Day; McDermott, Will
& Emery; Reed Smith; White & Case; and New York's Shearman & Sterling.
The battle is an abbreviated version of last year's scuffle between many of the same
law firms and the IRS over another executive compensation issue.
In August, about 90 firms sent a letter asking the IRS to delay implementation of
409A, which are sweeping regulations of various types of deferred-compensation
arrangements allowed under the tax laws. A few weeks later, the IRS pushed the compliance
deadline back a year to Dec. 31, 2008.
"The benefits bar is getting high maintenance, I heard on the grapevine," joked
Olshan, who was also chief organizer for the 409A letter campaign.
An IRS official who asked not to be named said the agency was already crafting a
revenue ruling when it received the letter by e-mail on Feb. 19.
"We had decided what to do and were implementing that when the letter came in," the
official said.
Taken together, the 409A and the IRS' new stance on 162(m) portend a more exacting IRS
approach to executive compensation, Olshan said.
"They're sending a strong signal on executive compensation, that they're going to
insist on technical compliance with the rules," Olshan said.
The IRS official said the agency's new position on 162(m) "is more in accordance with
the best interpretation of the statute and regulations."
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