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Executive Compensation in Retail Law

(179 reviews)

Produced on May 14, 2015

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Course Information

Time 1h 30m
Difficulty Intermediate
Topics covered in this course: Labor & Employment

Course Description

This seminar provides a basic overview of executive compensation and explores the different types of compensation incentives that are typically offered to executives in the retail industry. Ms. Harders of Epstein, Becker, & Green discusses the best practices for drafting and negotiating executive employment agreements. Various types of bonus and equity-based compensation incentives are addressed, including tax and employment considerations. Ms. Harders also explains the strategies employers may use to protect their interests, such as noncompetition and nonsolicitation covenants, confidential information and clawback protections, and provides suggestions for developing benefit programs and fringe benefits aimed at attracting and retaining talent in the retail industry. 


Learning Objectives: 

I.      Understand the basic regulatory challenges in developing a comprehensive executive compensation program to attract and retain key executives 

II.     Grow more adept at issue-spotting in executive employment agreements 

III.    Consider challenges in providing effective bonus and equity-based compensation incentive programs 

IV.    Appreciate the need for employer protections, such as noncompetes and clawbacks 

V.     Become aware of special issues in compensating executives in the retail industry


Credit Information

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Gretchen Harders

Epstein Becker & Green

Ms. Harders' practice focuses on all aspects of executive compensation and employee benefits law. Ms. Harders counsels a broad range of clients on executive compensation and employee benefit issues, tax-qualified and non-qualified plans, 401(k) plans, the Patient Protection and Affordable Care Act, deferred compensation, executive incentive compensation plans, executive employment and severance agreements, Section 409A compliance, equity-based compensation plans, multiemployer plans and health and welfare plans and trusts.


Ms. Harders:

  • Advises corporate clients on employee benefits compliance matters, tax-qualified pension plan compliance, defined benefit plans, Section 401(k) plans, multiemployer plan funding and administration, health and welfare benefit plans and fringe benefit plans
  • Represents corporate clients and health care providers on health and welfare benefit plans, health care products and the impact of the Patient Protection and Affordable Care Act
  • Advises both corporate and individual clients on executive compensation issues, including the design of executive employment contracts, incentive compensation arrangements, stock option plans and severance agreements, with a concentration in cross-border executive compensation and the Dodd-Frank Wall Street Reform Act
  • Represents tax-exempt and not-for-profit institutions with respect to pension plans, executive compensation, deferred compensation and employee benefits compliance matters
  • Ms. Harders is a frequent speaker on various employee benefit issues and developments and has authored articles on various topics of ERISA and employee benefits law, including the Patient Protection and Affordable Care Act.


Ms. Harders has been selected for inclusion in The Best Lawyers in America – Employee Benefits (ERISA) Law (2014) and Super Lawyers New York Metro – Employee Benefits/ERISA (2013) and recommended by The Legal 500 United States (2013).



  • Chapter 24, "Claims, Disputes, and Settlements," Section 409A Handbook (BNA Books, Fall 2010).
  • "Surprises for Publicly-Traded Multinational Employers: Complying with Section 409A of the U.S. Internal Revenue Code," International Legal News, Volume 5, Issue 2 (Aug. 15, 2008).
  • "Applying new US tax rules on deferred compensation to cross border arrangements," PLC Cross Border Employee and Labour Benefits Handbook 2007/8, with Howard Pianko (Sept. 13, 2007).
  • "Cross-border employment contracts – practical considerations for the multinational employer," PLC Cross Border Employee and Labour Benefits Handbook 2006/7, with Howard Pianko (Aug. 10, 2006).
  • "Employer Stock Funds in Corporate Transactions: Tax and ERISA Considerations," BNA Tax Management Compensation Planning Journal (Feb. 2004).
  • "Employer Stock Funds in Corporate Transactions: Federal Securities Law Considerations," BNA Tax Management Compensation Planning Journal (April 2004).



  • Employee Benefits
  • Executive Compensation
  • Health and Welfare Plans
  • Mergers & Acquisitions/Downsizing
  • Multiemployer Plans
  • Retirement Plans
  • University of Minnesota Law School
  • J.D.,
  • cum laude, 1997
  • University of Chicago
  • B.A., 1989
  • New York
  • American Bar Association, Employee Benefits Committee, Tax Section
  • New York State Bar Association, Employee Benefits Committee, Tax Section


Mary Payton E.

Excellent coverage of complex topics

David E.


Michael Y.

Clear, concise, and very effective overview--insight into tax aspects was particularly helpful.

Namrata M.

She was an excellent lecturer

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