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Most employers know that rewarding their best workers is good business. However, the “return” on such investment is difficult to measure, and wise employers think long and hard about two of their largest expense items – employee benefits and executive compensation. Today in the United States, under the glare of issues raised by the current financial crisis, company-sponsored benefits programs have become mere shadows of what they once were, and executive compensation has come under intense scrutiny to the point where the Treasury Department monitors it at companies receiving federal assistance. In recognition of the growing importance of employee benefits and executive compensation issues, the Center for Labor and Employment Law at New York University School of Law dedicated New York University’s 59th Annual Conference on Labor to an in-depth examination of these topics. This volume of the proceedings of the 2006 conference contains papers presented at that meeting, all here updated to reflect recent developments. It also includes contributions from other practitioners and academics with extensive knowledge and experience in this specialized field of labor and employment law.
The company is under-performing, its share price is trailing, and the CEO gets...a multi-million-dollar raise. This story is familiar, for good reason: as this book clearly demonstrates, structural flaws in corporate governance have produced widespread distortions in executive pay. Pay without Performance presents a disconcerting portrait of managers' influence over their own pay--and of a governance system that must fundamentally change if firms are to be managed in the interest of shareholders. Lucian Bebchuk and Jesse Fried demonstrate that corporate boards have persistently failed to negotiate at arm's length with the executives they are meant to oversee. They give a richly detailed account of how pay practices--from option plans to retirement benefits--have decoupled compensation from performance and have camouflaged both the amount and performance-insensitivity of pay. Executives' unwonted influence over their compensation has hurt shareholders by increasing pay levels and, even more importantly, by leading to practices that dilute and distort managers' incentives. This book identifies basic problems with our current reliance on boards as guardians of shareholder interests. And the solution, the authors argue, is not merely to make these boards more independent of executives as recent reforms attempt to do. Rather, boards should also be made more dependent on shareholders by eliminating the arrangements that entrench directors and insulate them from their shareholders. A powerful critique of executive compensation and corporate governance, Pay without Performance points the way to restoring corporate integrity and improving corporate performance.
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Title 16 Commercial Practices Part 1000 to End