Executive Compensation

Developing compliant, competitive executive compensation plans can often become complex. Not only do you have to consider certain tax implications, but you also have to make sure any compensation program you roll out is compliant with specific federal regulations. On top of that, your compensation plan has to be competitive and compelling enough to retain talented executives. 

At McMahon Berger, our team of executive compensation attorneys has experience consulting for and working with private, public, and nonprofit organizations across the United States to design new executive compensation plans, as well as audit existing plans. Contact us today to see how we can help you. 

Types of Executive Compensation Plans

Our lawyers have a history of working with executive compensation plans that include the following

  • Direct compensation or base salary
  • Short term incentives and bonuses 
  • Long-term incentives, which includes stocks, stock options, restricted stock, performance-vested stock, etc. (Performance-based)
  • Perquisites or “perks” (Travel arrangements, personal security, etc.)
  • Employee benefits (Non-qualified deferred compensation, supplemental employee retirement plans, etc.)
  • Severance or contingent pay (Golden parachutes or change in control agreements.)

How Can We Help?


Our executive compensation attorneys, based in St. Louis, Missouri, assist organizations with the choice and design of executive agreements, equity compensation plans, non-qualified deferred compensation plans, and executive employment agreements.

The compensation of key executives and managerial employees requires compliance with and planning around special tax provisions. Executive benefits and compensation are governed by Sections 280G and 409A of the Internal Revenue Code, securities laws, and ERISA.


When required, our executive compensation lawyers are prepared to defend the interests of management with regard to executive compensation plans. McMahon Berger is a national employment and labor law firm that represents companies in executive compensation disputes before the IRS, the Department of Labor, in court, and in arbitration.

Labor Law

Advocacy before arbitrators, mediators, labor boards, agencies, and state and federal courts.


Vigorous pursuit of the best possible solution for each individual client.


Uncovering the facts needed to resolve employment and labor issues.

Nonprofit Counseling

Legal assistance with labor and employment matters for nonprofit organizations.