Compensation

Compensation in United States

Compensation Definition

(Lat. compendere, to balance). Indemnification ; recompense. Something to be done for or paid to another of equal value with something of which he has been deprived by the act or negligence of the party so doing or pajring. That which constitutes or is regarded as an equivalent. 161 111. 251 ; 154 111. 662. As compared with “consideration” and “damages,” “compensation,” in its ‘ most careful use, seems to be between them. Consideration is amends for something given by consent, or by the owner’s choice. Damages is amends exacted from a wrongdoer for a tort. Compensation is amends for something which was taken without the owner’s choice, yet without commission of a tort. Thus, one should say, consideration for land sold; compensatipn for land taken for a railway; damages for a trespass. But such distinctions are not uniform. “Land damages” is a common expression for compensation for lands taken for public use. Abbott. In a statute providing for compensation for property taken for public use, compensation means an equivalent for the value of the land. 17 N. J. Law, 47. It is applied to the remuneration of officers, fiduciaries, etc., but is not synonymous with “salary.” 76 111. 548. In Civil Law. A reciprocal liberation between two persons who are both creditors and debtors of each other. Est debiti et crediti inter se contributio. Dig. 16. 2. 1. It resembles in many respects the common-law set-off. The principal difference is that a set-off must be pleaded to be effectual; whereas compensation is effectual without any such plea. See 2 Bouv. Inst, note 1407. It may be legal, by way of exception, or by reconvention. 8 La. 158; Dig. 16. 2; Code, 4. 31; Inst. 4. 6. 30; Burge, Sur. bk. 2, c. 6, p. 181. It takes place by mere operation of law, and extinguishes reciprocally the two debts as soon as they exist simultaneously, to the amount of their respective sums. It takes place only between two debts having equally for their object a sum of money, or a certain quantity of consumable things of one and the same kind, and which are equally liquidated and demandable. It takes place, whatever be the cause of the debts, except in case, first, of a demand of restitution of a thing of which the owner has been unjustly deprived; second, of a demand of restitution of a deposit and a loan for use; third, of a debt which has for its cause aliments declared not liable to seizure. Civ. Code La. arts. 2203-2208. In Old Criminal Law. Recrimination (q.v.) (This definition of Compensation Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.)

Compensation meaning

One of the grand rationales of tort law. The remedy of the defendant shall be measured by their loss (rather than by the benefit to the plaintiff or by the social desirability of that compensation or out of a desire to punish or deter).

Legal Materials

Here’s where to find compensation information for some specific jobs:

Accountants: The Robert Half Salary Center has a Salary Guide and a local financial salary calculator, both free.

College Graduates: The National Association of Colleges and Employers posts the results of its quarterly salary survey of recent college graduates.

Corporate Directors and Executives: The compensation of directors and top executive officers of public companies is listed in the company’s Proxy Statement (Def 14A). If there won’t be a proxy within 120 days of the end of the company’s fiscal year, then the compensation information will be listed in the 10-K. (To get Proxies, see the Filings section of the Securities and Exchange Commission entry). Additional information may be provided in registration statements.

Forbes posts rankings of Top CEO compensation at the 500 largest U.S. companies back to 1997.

The AFL-CIO’s PayWatch database makes it easy to look up the total compensation paid to CEOs of public companies as figured by the SEC and the ALF-CIO.

The Conference Board publishes reports on Director’s Compensation, Top Executive Compensation, Top Executive Pay for Performance, etc.

See also “Nonprofit Organizations,” below.

Educators: See “Teachers, Professors, Administrators,” below.

Lawyers – Corporate Counsel: There are a number of pricey compensation surveys for lawyers practicing in law firms including:

  • The The Law Department Compensation Benchmarking Survey from ALM Legal Intelligence.
  • The GC Compensation Survey, which also provides benchmarking data on in-house lawyer compensation.
  • Corporate Counsel’s GC Compensation Survey listing the 100 highest paid general counsels at major corporations.
  • Empsight and the Association of Corporate Counsel publish annual Law Department Compensation Surveys for small, mid-market and large companies covering
  • If you are just trying to answer a reference question, you can try these less expensive alternatives:

  • Search a database with legal news to find an article reporting information from one of established surveys.
  • Salaries for top counsel at public corporations may be included in one of the company’s SEC filings.
  • Salaries for attorneys working at non-profit institutions may be listed on the institution’s Form 990 tax return.
  • Lawyers – Private Practice: Good sources on salary data for lawyers practicing in law firms include:

  • The Associate Salary Survey by the National Association for Law Placement (NALP). The NALP Survey provides data by location, employer size, type of employer, etc. NALP posts information about the survey and other compensation-related data in the Salaries & Compensation section of their web site.
  • The NALP Directory of Legal Employers provides compensation information for summer and first year associates.
  • FindLaw’s Firm Salary page posts associate salary information collected by Infirmation.com from a variety of sources, including recruiters, hiring partners, associates, public sources, and press releases.
  • Legal newspapers often report on attorney salaries for their state, city or region. Search an appropriate database to find the articles.
  • Placement firm Robert Half Legal posts a free Salary Guide and Salary Calculator in their online Salary Center.
  • The Survey of Law Firm Economics (ALM Legal Intelligence) includes lawyer and staff compensation. The survey covers about 200 firms with 21 lawyers and up. $$$
  • The Small Law Firm Economic Survey (ALM Legal Intelligence) covers firms with 1 to 20 lawyers. $$
  • The annual Of Counsel 700 Survey of the Nation’s Largest Law Firms (Wolters Kluwer/Aspen Publishers) includes salary ranges for some firms.
  • The American Lawyer’s Am Law 100 and 200 lists includes law firm profits per partner.
  • Altman Weil publishes a variety of articles and surveys on law firm compensation.
  • The biennial AIPLA Report of the Economic Survey provides compensation data for IP lawyers and patent agents.
  • Legal Staff: Following are some notable sources for compensation data for law firm staff.

  • The Association of Legal Administrators’ annual Compensation and Benefits Survey contains information on salaries and benefits for staff positions in law firms.
  • The Survey of Law Firm Economics and the Small Law Firm Economic Survey, both by ALM Legal Intelligence, contain lawyer and staff compensation data.
  • The LMA Roles & Compensation Survey (ALM) covers large law firm marketting staff.
  • The American Association of Law Libraries does an annual Salary Surveyavailable free online to members.
  • The Annual Compensation Survey for Paralegals/Legal Assistants and Managers published by ALM and the International Paralegal Management Association (IPMA) provides data on paralegal compensation in both law firms and law departments.
  • Paralegal Today does an annual survey of paralegal compensation.
  • Nonprofit Organizations: You can look up the compensation for a particular nonprofit’s top executives in the organization’s Form 990, if it files one. See the Nonprofit Organizations entry for info on 990s.

    For statistical data, see Charity Navigator’s CEO Compensation Study broken down by region and charitable mission (education, environment, health, etc.) or the annualGuideStar Nonprofit Compensation Report.

    See also the “Teachers, Professors, Administrators” section, below.

    Teachers, Professors, Administrators: The American Federation of Teachers posts salary survey results for U.S. cities, states and foreign countries. Caveat: The AFT site is not an unbiased source of information.

    The Chronicle of Higher Education posts compensation figures for college and university professors based on a faculty salary survey conducted by its parent organization, the American Academy of University Professors. The Chronicle also posts databases with salary data for Private and Public college and university presidents (low-cost subscription required). You can find the results from older surveys in back issue’s of the Chronicle and/or the AAUP’s magazine, Academe.

    Union Officials: The compensation of top union officials is reported to the Department of Labor on Form LM-2. Contact the Department of Labor to get a copies.

    Compensation in Foreign Legal Encyclopedias

    For starting research in the law of a foreign country:

    Link Description
    Compensation Compensation in the World Legal Encyclopedia.
    Compensation Compensation in the European Legal Encyclopedia.
    Compensation Compensation in the Asian Legal Encyclopedia.
    Compensation Compensation in the UK Legal Encyclopedia.
    Compensation Compensation in the Australian Legal Encyclopedia.

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    Compensation in relation to Public Officers

    Find out in this American legal Encyclopedia the information on Compensation (changing salaries of officers and employees, commissions, enforcement of payment remedies, equal pay, extra compensation and overtime, fees, overtime, payroll deductions, power to fix compensation, reimbursement for expenses and losses, right to compensation, salaries, special or temporary services, terms and conditions of public service) in relation to Public Officers (and in the context of local government law).

    Compensation in relation to Public Officers

    In the context of Public Officers in Local and State goverment law, this topic covers:

    • changing salaries of officers and employees
    • commissions
    • enforcement of payment remedies
    • equal pay
    • extra compensation and overtime
    • fees
    • overtime

    Compensation in relation to Public Officers

    In the context of Public Officers in Local and State goverment law, this topic covers:

    • payroll deductions
    • power to fix compensation
    • reimbursement for expenses and losses
    • right to compensation
    • salaries
    • special or temporary services
    • terms and conditions of public service

    Compensation in relation to Public Officers

    Compensation in relation to Terms and conditions of public service

    In the context of Local and State goverment law and Compensation, find out more detailed information about this topic in this American legal Encyclopedia.

    Definition of Compensation (in Charity Law)

    A concept of Compensation in the context of charitable ogranizations applicable in the United States is provided here: All forms of cash and noncash payment provided in exchange for services. In reporting compensation paid to a board member or employee, organizations are expected to include salary or wages, bonuses, severance payments, and deferred payments; retirement benefits, such as pensions or annuities; fringe benefits; and other financial arrangements or transactions treated as compensation (for example: personal vehicle, meals, housing, personal and family educational benefits, lowinterest loans, payment of personal or spousal travel, entertainment, or other expenses, and personal use of the organization’s property).

    Compensation (Duties )

    This section introduces, discusses and describes the basics of compensation. Then, cross references and a brief overview about Duties is provided. Finally, the subject of Agency Relationships in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Compensation (Duties, Liabilities)

    This section introduces, discusses and describes the basics of compensation. Then, cross references and a brief overview about Duties, Liabilities is provided. Finally, the subject of Agency Relationships in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Compensation (Examiners)

    This section introduces, discusses and describes the basics of compensation. Then, cross references and a brief overview about Examiners is provided. Finally, the subject of Case Administration in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Compensation (Magistrates)

    This section introduces, discusses and describes the basics of compensation . Then, cross references and a brief overview about Magistrates is provided. Finally, the subject of Judicial Officers in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Compensation (Masters)

    This section introduces, discusses and describes the basics of compensation. Then, cross references and a brief overview about Masters is provided. Finally, the subject of Judicial Officers in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Compensation (Officers)

    This section introduces, discusses and describes the basics of compensation. Then, cross references and a brief overview about Officers is provided. Finally, the subject of Case Administration in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Compensation (Professional Services)

    This section introduces, discusses and describes the basics of compensation. Then, cross references and a brief overview about Professional Services is provided. Finally, the subject of Case Administration in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Compensation (Trustees)

    This section introduces, discusses and describes the basics of compensation. Then, cross references and a brief overview about Trustees is provided. Finally, the subject of Case Administration in relation with compensation is examined. Note that a list of cross references, bibliography and other resources appears at the end of this entry.

    Finding the law: Compensation in the U.S. Code

    A collection of general and permanent laws relating to compensation, passed by the United States Congress, are organized by subject matter arrangements in the United States Code (U.S.C.; this label examines compensation topics), to make them easy to use (usually, organized by legal areas into Titles, Chapters and Sections). The platform provides introductory material to the U.S. Code, and cross references to case law. View the U.S. Code’s table of contents here.

    Compensation

    In Legislation

    Compensation in the U.S. Code: Title 2, Chapter 28, Subchapter III, Part B

    The current, permanent, in-force federal laws regulating compensation are compiled in the United States Code under Title 2, Chapter 28, Subchapter III, Part B. It constitutes “prima facie” evidence of statutes relating to Congress (including compensation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Architect of The Capitol of the US Code, including compensation) by chapter and subchapter.

    Compensation

    In Legislation

    Compensation in the U.S. Code: Title 22, Chapter 52, Subchapter IV

    The current, permanent, in-force federal laws regulating compensation are compiled in the United States Code under Title 22, Chapter 52, Subchapter IV. It constitutes “prima facie” evidence of statutes relating to Foreign Relations (including compensation) of the United States. The reader can further narrow his/her legal research of the general topic (in this case, Foreign Service of the US Code, including compensation) by chapter and subchapter.

    Resources

    See Also

    • Charity
    • Foundation
    • NGOs

    Resources

    See Also

    • Bureau of Labor Statistics
    • Cost of Living
    • Employee Benefits
    • Human Resources
    • Labor Statistics
    • Productivity
    • Respondeat Superior
    • No-fault liability
    • Strict liability

    Cercla (comprehensive Environmental Response, Compensation, And Liability Act) in the context of Real Estate

    Resurces

    See Also

    • which

    Compensation: Open and Free Legal Research of US Law

    Federal Primary Materials

    The U.S. federal government system consists of executive, legislative, and judicial branches, each of which creates information that can be the subject of legal research about Compensation. This part provides references, in relation to Compensation, to the legislative process, the federal judiciary, and the primary sources of federal law (cases, statutes, and regulations).

    Federal primary materials about Compensation by content types:

    Laws and Regulations

    US Constitution
    Federal Statutory Codes and Legislation

    Federal Case Law and Court Materials

    U.S. Courts of Appeals
    United States courts of appeals, inclouding bankruptcy courts and bankcruptcy appellate panels:

    Federal Administrative Materials and Resources

    Presidential Materials

    Materials that emanate from the President’s lawmaking function include executive orders for officers in departments and agencies and proclamations for announcing ceremonial or commemorative policies. Presidential materials available include:

    Executive Materials

    Federal Legislative History Materials

    Legislative history traces the legislative process of a particular bill (about Compensation and other subjects) for the main purpose of determining the legislators’ intent behind the enactment of a law to explain or clarify ambiguities in the language or the perceived meaning of that law (about Compensation or other topics), or locating the current status of a bill and monitoring its progress.

    State Administrative Materials and Resources

    State regulations are rules and procedures promulgated by state agencies (which may apply to Compensation and other topics); they are a binding source of law. In addition to promulgating regulations, state administrative boards and agencies often have judicial or quasi-judicial authority and may issue administrative decisions affecting Compensation. Finding these decisions can be challenging. In many cases, researchers about Compensation should check state agency web sites for their regulations, decisions, forms, and other information of interest.

    State rules and regulations are found in codes of regulations and administrative codes (official compilation of all rules and regulations, organized by subject matter). Search here:

    State opinions of the Attorney General (official written advisory opinions on issues of state law related to Compensation when formerly requested by a designated government officer):

    Tools and Forms

    Law in Other Regions

    *This resource guide is updated frequently. However, if you notice something is wrong or not working, or any resources that should be added, please notify us in any of the "Leave a Comment" area.

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