Fair Labor Standards Act (FLSA): Federal law governing minimum wage, overtime pay, recordkeeping, and child labor standards. Must be considered for basic employment terms and compensation structure.
Securities Act of 1933: Federal law regulating the issuance of securities, including equity compensation. Establishes registration requirements and exemptions for equity grants.
Securities Exchange Act of 1934: Federal law governing secondary trading of securities and establishing SEC oversight. Impacts equity compensation reporting and compliance.
Rule 701: SEC regulation providing exemption for private companies offering equity compensation to employees, consultants, and advisors.
Employee Retirement Income Security Act (ERISA): Federal law establishing standards for equity plans, vesting schedules, and fiduciary responsibilities in employee benefit plans.
Internal Revenue Code Section 409A: Tax regulations governing deferred compensation, including certain equity awards. Sets requirements for valuation and timing of equity grants.
Internal Revenue Code Section 83: Tax regulations governing property transferred for services, including timing of taxation for equity compensation.
Title VII of Civil Rights Act: Federal anti-discrimination law that must be reflected in employment terms and equity distribution practices.
Americans with Disabilities Act (ADA): Federal law requiring reasonable accommodations for disabled employees, affecting employment terms and conditions.
Age Discrimination in Employment Act (ADEA): Federal law protecting workers 40 and older from age discrimination in employment terms and benefits.
State Securities Laws (Blue Sky Laws): State-specific regulations governing securities offerings, including equity compensation, which vary by jurisdiction.
State Labor Laws: State-specific employment regulations that may impose additional requirements beyond federal standards.
State Non-Compete Regulations: State-specific rules governing the enforceability and limitations of non-compete agreements in employment contracts.
IRS Reporting Requirements: Federal tax reporting obligations for both employer and employee related to equity compensation and general employment.
SEC Filing Requirements: Federal securities filing obligations related to equity compensation plans and grants.
