Benefits and Executive Compensation

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In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter are joined by Josh Gelfand, Troutman Pepper Locke partner from the firm’s Employee Benefits and Executive Compensation practice group, to break down the nuts and bolts of executive employment agreements through the lens of high-profile college football coach departures. Using real-world examples — including Jimbo Fisher’s record-breaking $76 million buyout from Texas A&M, Mel Tucker’s for-cause termination at Michigan State following misconduct allegations, and LSU’s ultimately unsuccessful attempt to fire Brian Kelly for cause — the conversation unpacks how provisions like termination for cause, good reason resignations, severance structures, and equity arrangements play out when the stakes are highest. Tune in to gain practical insights into how these contract terms are negotiated, drafted, and disputed, and what lessons everyday executive agreements can draw from the headlines.

On January 22, 2026, in Pres v. Sensys Gatso USA, Inc., a Massachusetts trial court ruled that the Massachusetts Wage Act (the Wage Act) encompasses quarterly bonuses not conditioned on defined contingencies. This decision highlights the importance of Massachusetts employers identifying and addressing explicit conditions or contingencies in employee bonus agreements. The draconian ramifications of failing to abide by the Wage Act include unpaid wages, mandatory treble damages, and attorneys’ fees.

In this episode of Hiring to Firing, hosts Tracey Diamond and Emily Schifter explore the surprising roots and real-world complexities of workers’ compensation law, drawing a playful throughline from pirate “articles” of old, to the movie chain, Pirates of the Caribbean, to today’s patchwork of state laws. Joined by Todd Wachtel, workers’ compensation specialist and partner at Levinson Axelrod, they explore key employer and employee obligations, insurance and reporting requirements, and how classification decisions (employee vs. independent contractor) can make or break coverage. The conversation highlights the interplay between workers’ compensation and OSHA, ADA, and FMLA, common pitfalls and retaliation risks, and practical steps to keep workplaces shipshape. Tune in for actionable takeaways to help employers navigate coverage, compliance, and claims with confidence.

Introduction

California enacted several new employment laws in 2025, including enhanced penalties for wage and hour violations, expanded pay data reporting requirements, broadened sexual harassment protections, stronger pay equity and transparency measures, measures addressing tip theft, restriction of employee loan repayment, expanded time off and use of sick pay benefits…

Labor + Employment Workforce Watch is a guide to the employment law developments most likely to impact your business. The Troutman Pepper Locke Labor + Employment Team represents employers in the most sensitive workplace matters, enabling our clients to concentrate on their core business operations. Our team is adept at handling and managing labor and employment issues on national, international, and local levels. Recognized as a leading law firm by Chambers USA, our attorneys provide comprehensive advice on every type of employment issue a company may encounter, at every stage of the employment life cycle.

Effective July 1, new legislation will take effect in Virginia imposing further restrictions on the use of covenants not to compete and prohibiting their use for employees who are eligible to receive overtime pay under the Fair Labor Standards Act (FLSA), i.e., non-exempt employees.

Labor + Employment Workforce Watch is a guide to the employment law developments most likely to impact your business. The Troutman Pepper Locke Labor + Employment Team represents employers in the most sensitive workplace matters, enabling our clients to concentrate on their core business operations. Our team is adept at handling and managing labor and employment issues on national, international, and local levels. Recognized as a leading law firm by Chambers USA, our attorneys provide comprehensive advice on every type of employment issue a company may encounter, at every stage of the employment life cycle.

Last Friday, a Texas federal court struck down the U.S. Department of Labor’s (DOL) 2024 rule raising the minimum salary levels for certain exemptions to the overtime requirements of the Federal Labor Standards Act (FLSA). The decision by Judge Sean Jordan of the U.S. District Court for the Eastern District of Texas to vacate the 2024 rule applies nationwide to all employers and comes weeks before another increase to the salary levels was set to take effect.

Q: Has the Department of Labor (DOL) issued guidance on the COBRA premium subsidy?

A: On March 25, we reported on the 100% federally funded COBRA premium subsidy included in the American Rescue Plan Act (ARPA), noting the need for additional guidance on a number of issues. See “COVID-19 Resource Guide for Human Resources Professionals: 100% Federally Funded COBRA is Almost Here — What You Need to Know.” In response to questions from stakeholders, the Department of Labor (DOL) issued FAQs on April 7, providing much needed guidance on the COBRA premium subsidy. While the FAQs provide employers with some clarity on the implementation and administration of the COBRA premium subsidy, additional guidance is still needed.