Excerpt from Practical Guidance

Using Clawback Provisions For Employee Incentive Pay

By Jeffrey Ruzal and Carly Baratt (August 26, 2019, 3:55 PM EDT) -- This article addresses the wage-and-hour implications of clawback and forfeiture provisions and provides drafting considerations for incentive compensation agreements. Clawback provisions require employees to pay back money to employers that they already received whereas forfeiture provisions provide that employees forfeit the right to receive money when specified conditions occur....

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