Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New Study: Paying Top Salaries Does Not Guarantee Good Results

Author: Scarinci Hollenbeck, LLC

Date: November 11, 2013

Key Contacts

Back

We recently wrote about the pay of top athletes and how the outlandish compensation paid to attract or keep a superstar often backfires as performance and pay often fail to correlate. According to a new study by the Institute for Policy Studies, paying a “superstar” chief executive officer a very lucrative salary may similarly backfire. The study found that approximately 40 percent of the country’s highest-paid CEOs were either fired, prosecuted for fraud or received government bailouts.

Here’s a brief summary of what researchers found:

  • CEOs whose firms either ceased to exist or received taxpayer bailouts after the 2008 financial crash comprised 22 percent of the CEOs in the study.
  • An additional eight percent of the CEOs studied were terminated. Despite their poor performance, they received an average of $48 million in compensation on their way out the door!
  • CEOs in charge of corporations that incurred significant fraud-related fines or penalties accounted for another eight percent of the top-paid CEOs.

Some of the names listed on the report are very familiar. For instance, Enron’s Kenneth Lay made the list of top paid CEOs for four years straight before a massive accounting fraud toppled the energy company in 2001. Several years later, Lay was convicted of fraud and conspiracy for his role in the scheme.

The report comes as the Securities and Exchange Commission begins the process of resurrecting a Dodd-Frank rule that would require public companies to publicly report the pay discrepancies between their workers and their CEOs. According to the Institute for Policy Studies, CEOs at top companies took home approximately 354 times as much pay as the average American worker in 2012.

Under the latest proposal, companies must disclose the ratio between CEO pay and the median compensation of a sample of employees. The SEC’s initial rule, which was deemed overly burdensome by the business community, required all employee compensation to be taken into account. The SEC is expected to release the final rule this month.

A fundamental paradox lurks in all of this.  Does pay correlate to performance, whether the employee is on the top or the bottom of the heap?  If not (as frequently the case), how can employers formulate compensation policies to promote positive, productive behavior in employees of whatever rank that reward properly measured, future performance?  As we witness so many examples of “off the rails” wage practices, whether in the private or public sectors, it is obvious that the managers of the enterprise must do better on behalf of the owners (shareholders and/or taxpayers, as the case may be).

If you have any questions about this study or would like to discuss the legal issues involved, please contact me, Gary Young, or the Scarinci Hollenbeck attorney with whom you work.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
IP Infringement: What Steps Can You Take If You're Affected? post image

IP Infringement: What Steps Can You Take If You're Affected?

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]

Author: Michael Mietlicki

Link to post with title - "IP Infringement: What Steps Can You Take If You're Affected?"
Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next post image

Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]

Author: Sean M. Pena

Link to post with title - "Public Allegations, Unfinished Investigation: What New Jersey Businesses Should Do Next"
BESS Interconnection: Managing Grid, Cost, and Schedule Risk post image

BESS Interconnection: Managing Grid, Cost, and Schedule Risk

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]

Author: Nicholas Wall

Link to post with title - "BESS Interconnection: Managing Grid, Cost, and Schedule Risk"
Navigating Director and Officer Liability in Times of Financial Distress post image

Navigating Director and Officer Liability in Times of Financial Distress

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]

Author: Michael Mietlicki

Link to post with title - "Navigating Director and Officer Liability in Times of Financial Distress"
Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey post image

Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]

Author: Nicholas Wall

Link to post with title - "Before You Buy: Managing Real Estate and Permitting Risk for BESS Projects in New York and New Jersey"
What Business Owners Get Wrong Before Meeting a Litigation Attorney post image

What Business Owners Get Wrong Before Meeting a Litigation Attorney

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]

Author: Michael Mietlicki

Link to post with title - "What Business Owners Get Wrong Before Meeting a Litigation Attorney"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!