Perks / Fringe Benefits

It’s been a while since we did a perk watch that didn’t involve things getting better for gays and lesbians. Ever since the recession, Biglaw has acted like having a job also counts as a fringe benefit.

But benefits haven’t been frozen in time since 2007. We have extensively reported on the “gay gross up” (or “tax equalization for same-sex health benefits”) trend. But there have been some interesting health benefit trends happening at law firms beyond extending basic fairness to same-sex couples.

Adam Okun has done a round-up of Biglaw perks on the blog Frenkely Speaking. It’s not going to come as a galloping shock that Biglaw is punishing to families….

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It’s late October, so Biglaw bonus news could drop any day now. In 2010, Cravath didn’t kick off the season until November 22. But back in 2009, Cravath announced bonuses on November 2. And in 2007 — yes, the glory days, before the Great Recession — Cravath announced bonuses, regular and “special,” on October 29.

In light of the economic gloom and doom, including the possibility of a double-dip recession, it wouldn’t be shocking if bonuses are modest this year. Better to conserve the cash and avoid layoffs, right? Or maybe repeat what happened in 2010 and save some money for spring bonuses in a few months, when firms might have a better idea of the direction of the economy?

Regardless of how bonuses turn out, there are other pockets of good news in the world of large law firms — even news requiring law firms to open their wallets. Check out the growing number of firms that offer the perk we’ve dubbed the gay gross-up….

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* Not a wardrobe malfunction, my ass. Nancy Grace would sooner allow Casey Anthony to babysit her kids than admit that she had a nip slip on live television. [New York Post]

* When you have a “superior legal mind,” it’s easier for your feelings to get hurt. Gregory Berry now claims that Kasowitz Benson was “extraordinarily vindictive.” [Thomson Reuters News & Insight]

* Irving Picard’s suit against Fred Wilpon and Saul Katz has been dismissed (for the most part). This is the best thing to happen to the Mets since Bill Buckner. [Bloomberg]

* In the past, when a wife cried in Massachusetts, a judge would wipe her tears with her husband’s checkbook, but alimony just ain’t what it used to be. [New York Times]

* Apparently judges in San Luis Obispo, California have banged one gavel too many. They’ve been reaching verdicts outside the courtroom to pad their own benefits packages. [Legal Newsline]

* Florida International isn’t just dominating the University of Miami in football this year. FIU schooled Miami when it came to Florida’s bar exam results, too. [Miami New Times]

We have been tracking — as have other news outlets, such as the New York Times — which leading law firms offer the perk we’ve nicknamed the gay gross-up. If you’re inclined towards formality, you can call it the “tax offset for domestic partner health benefits.” For an explanation of what this perk is all about, read this prior post.

Since our last round-up, additional prominent law firms have adopted this policy. Let’s check out the latest list….

UPDATE (9/7/11, 12:30 PM): We’ve added to our list since it went up yesterday.

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Here in the great state of New York, marriage equality is the order of the day — as it is in five other states, plus D.C.. But due to the Defense of Marriage Act, the federal tax code does not recognize same-sex unions. As a result, as explained by the law firm of McCarter & English, “the Internal Revenue Code treats the value of employer-provided healthcare benefits for a civil union or domestic partner as ‘imputed income’ to the employee. This means that employees who elect domestic partner benefits must pay income tax on the value of those benefits, which is in direct contrast to employees with different-sex spouses.”

To address this inequality, a number of law firms — including McCarter & English, as of this June — have adopted what we here at Above the Law have dubbed the “gay gross-up.” This benefit consists of “a bump in income such that, post-tax, the employees are in the same position as similarly situated employees electing healthcare benefits for their opposite-sex spouses.”

In addition to McCarter, a number of prominent law firms have adopted this policy since our last report. Let’s find out which ones….

UPDATE (8/25/11): We’ve added to the list since it was originally published. See the updated list below.

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As many of you know, here at Above the Law we have been tracking which major law firms offer a non-salary benefit that we’ve dubbed the gay gross-up. As we’ve previously explained, quoting a memo issued by Simpson Thacher, the gay gross-up is “[a] ‘gross-up’ for employees who enroll same-sex partners in the Firm’s health benefits plans to offset any federal, state and local income taxes paid on the value of the partners’ benefits which heterosexual spouses are not subject to.”

Today we are pleased to report that two top firms have joined the club. Kudos to Debevoise & Plimpton and Shearman & Sterling for standing on the side of equality. You can read their announcement memos, issued earlier this month, after the jump.

We have added these firms to our list. By the way, for those firms that would rather appear on a list maintained by the New York Times than one maintained by Above the Law, you should note that the NYT is also monitoring which workplaces provide this perk. The NYT list includes employers of many different types, not just law firms, and features some of the nation’s most innovative companies, such as Google and Facebook and Apple.

With the addition of Debevoise and Shearman, which leading law firms provide this benefit? Let’s take a look….

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Every so often a lawyer with a small firm will ask me what to do about providing employees with paid sick days. The practice is much more common in large firms, but many lawyers have come to expect it as a perk no matter how big their firms are. (To be clear, I’m talking about paid-time-off policies, not legally required unpaid leave like the Family and Medical Leave Act.) Many larger firms allow their employees to accumulate and bank their leave, saving it up for a rainy day, as it were. Some have the days expire after a certain time, while others allow the days to survive until the end of an employee’s tenure.

That’s fine at large, wealthy firms, who can well afford to pay people not to work. But what about small firms, where a person’s absence is more likely to have an impact? How many days of paid sick leave should a small law firm’s policy permit?

My answer might surprise you. Not ten days a year. Not five. Not even three.

Zero. Small law firms shouldn’t have a policy of any days of paid sick leave a year.

But before you set your comment phasers to “kill,” give me a chance to explain.…

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The case for same-sex marriage should rest less upon dollars and cents and more upon fundamental principles of fairness (as recently argued by Professor Jaye Cee Whitehead in a New York Times op-ed piece). But it’s certainly the case that money matters should not be overlooked when it comes to marriage equality.

We’ve previously discussed a non-salary benefit that we’ve nicknamed the gay gross-up. Here’s one concise definition: “A ‘gross-up’ for employees who enroll same-sex partners in the Firm’s health benefits plans to offset any federal, state and local income taxes paid on the value of the partners’ benefits which heterosexual spouses are not subject to.” (Currently gay couples in which partners receive employer-provided health benefits are taxed on the value of those benefits, due to the fact that, thanks to the Defense of Marriage Act (DOMA), federal law — including federal tax law — doesn’t recognize same-sex unions.)

The gross-up is not a perk that affects a huge number of employees, to be sure. But having it sends an important message about a firm’s commitment to equality and inclusion.

Where did we obtain that handy definition of the gross-up? From the benefits page of a top law firm that recently started offering this benefit. It’s one of two elite law firms that recently boarded the gay gross-up bandwagon….

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There’s a very interesting debate coming out of Washington State: Should universities do more to provide child care for students with children? On Monday, parents across the University of Washington system brought their kids to class to protest the lack of child care options in the area.

It’s an important question. According to the Seattle Times, child care is the third-greatest barrier to completing a college degree.

It’s a problem for law students too. The University of Washington School of Law has been taking an aggressive approach to finding family-friendly options for its students.

But is this something that law schools should be concerning themselves with? It’s time to fire up the old ATL Debate Machine….

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Ed. note: This is the latest installment of Size Matters, one of Above the Law’s new columns for small-firm lawyers.

I am getting tired of hearing about all these large law firms and their unnecessary spring bonuses. This weekend I went on a trip with friends who all work in Biglaw, and the topic came up (and, in turn, everyone shared how he or she was going to spend that extra money).

One of my friends is planning on going on vacation to South America (sometime in 2019, when he has the time). Another told us that she is going to get “the Bentley of couches,” for the guest room in her giant condo. I did not have a similar Biglaw big-money story to share, so I instead shared my ideas for the top ten free activities I had planned for the spring. (In case you’re wondering, they are: 1. Breathe Air. 2. Walk. 3. Eat Free Samples At Whole Foods.)

I had to admit that I was a little jealous of my friends and their surprise bonuses. But then I heard a story that touched me right where it counts — in the wallet. I have learned that some small firms give their employees big perks….

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Health care is a hot topic these days, especially in the wake of yet another federal judge striking down Obamacare.

So let’s talk about health care, shall we?

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What in the hell is this used for?

When does the gift of a hot gadget feel like an insult? Apparently when you are an associate at Holland & Knight. This bonus season, the firm gave all of its associates free iPads. And…

Well, associates are still waiting to see if there will be anything other than iPads as a bonus present from the firm.

Can somebody explain to me how the iPad turned into a giant pacifier for white-collar employees? Has any kind of consumer protection agency checked to make sure “placation” is an approved use for the product? I mean, I don’t have an iPad, so maybe I don’t know what I’m talking about. But you can’t have sex with it, right? It doesn’t like cure AIDS or grow into a beanstalk or anything?

Maybe the iPad is the most wonderful gadget since the brassiere (the O.G. of gadgets), but at least some of the associates at Holland & Knight were hoping for something a little bit more. And the staff at Holland & Knight, well, I suppose they’re just happy they could help out with getting the associates the iPads…

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Here’s some very belated bonus news. Earlier this month, the New York office of Linklaters announced bonuses that matched the Cravath scale.

As usual at Linklaters, there was no hours requirement. The news was communicated via individual memo.

A Cravath match, especially in a bonus season when some firms are paying significantly more, kinda sucks isn’t that exciting. A Cravath bonus won’t get a Linklaters associate a pad as palatial as that of Linklaters partner Michael Bassett. Heck, $35K — the top of the Cravath scale — probably won’t even cover the cost of Bassett’s wallpaper.

But we’ll point out two nice things about Linklaters, both relating to tax issues….

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(But at least it has the gay gross-up.)”

Here’s some nice news to counteract all the unhappiness over associate bonuses (not Cahill’s, which were great, but Cravath’s and all the Cravath followers).

There’s no word yet, at least as far as we know, on bonuses at Winston & Strawn. But for incoming associates who just passed the bar, Winston is congratulating them with bottles of champagne.

You’re lawyers; you suffer from status anxiety. So right now you’re all wondering: What brand of champagne?

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Sorry, we’re still waiting for the Biglaw bonus shoe to drop. While you wait, here’s some good news in the Biglaw benefits area (a la Proskauer’s iPad announcement).

On Wednesday, I asked: “Remember Google’s gay gross-up? Barclays is doing it too. Will law firms follow suit?”

At least one law firm is stepping up to the plate to help domestically-partnered employees with their health-benefit-related tax burdens. The firm of Morrison & Foerster issued the following statement to Above the Law, from firm chair Keith Wetmore: “Starting in 2011, Morrison & Foerster will begin offering an additional benefit payment to assist with the tax obligation that same-sex and opposite sex Staff and Non-Partner Attorneys pay when they elect Domestic Partner health benefits.”

This is excellent news, and we commend MoFo for taking this step. Hopefully it will inspire additional firms to move in this direction. Note also that the policy applies not just to same-sex couples, but also to opposite-sex couples who are similarly situated — which might be a way of addressing the criticisms of some that the gay gross-up is unfair to heterosexual couples.

Meanwhile, elsewhere in “law firms being nice to gay people” news, let’s give some props to Shearman & Sterling….

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It feels a little bit weird to talk (and bitch) about the high-end lifestyle enjoyed Biglaw associates on Veterans Day. We’re all very thankful for the people who risk their lives to keep us safe, secure, and free.

Okay, random moment of conscience over. Where are the goddamn bonuses?

The first Biglaw bonus memo still hasn’t dropped — when it does, please email us at tips@abovethelaw.com or text us at 646-820-TIPS, ASAP — but we do have associate benefits news. Yesterday, Proskauer Rose told its associates that they would all be getting a free iPad and a desktop PC. Or a free laptop with a docking station. And candy floss. And free Rock Band 3 peripherals.

Okay, I made the last two items up, but you get the point. We don’t know what Proskauer’s cash bonus will be, but we do know that Proskauer associates won’t have to spend it on fancy gadgets…

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The iPad: much cooler than a Crackberry.

The recession is officially over, according to the National Bureau of Economic Research. But don’t just take NBER’s word for it; there are other signs, too.

Like the return of law firm perks. Sources report that Edelson McGuire — a Chicago-based boutique with some high-profile clients, like Illinois Governor Rod Blagojevich — is giving away iPads to everyone at the firm. The lucky recipients include attorneys, administrative staff, and even some law students who are working for the firm part-time.

This is not ordinary behavior — the trend among law firms is still to roll back perks, not to expand them — but Edelson McGuire isn’t an ordinary firm. How many firms have conference room tables that convert to ping-pong tables? Or have a neat firm website, where each attorney profile contains such fun facts as daily coffee consumption, favorite time of day to work, and “pre-court ritual”?

Is giving away iPads a new law firm trend? Edelson McGuire isn’t the first firm to do this in 2010….

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'And then I told him I'd file a motion to compel his a**....'

It’s important to think about — and not just think about, but save for — your retirement. This is especially true now that Social Security is looking less than alluring. (When I see that money taken out of my paycheck, I just kiss it goodbye, forever.)

When it comes to providing for associates and other employees, most large law firms take a fairly straightforward approach: they offer 401(k) accounts, but no matching employer contributions. One of the few Biglaw firms that provided a match, K&L Gates, stopped that policy back in 2007.

With respect to retirement provisions for partners, there’s more variation from firm to firm. Some shops provide for retired partners in very generous fashion. For example, retired partners at Wachtell Lipton can receive annual seven-figure payouts for many years after leaving the firm (although sources at my former firm tell me some of this money represents a return of capital to the retired partners, and as such will vary from partner to partner).

A million-dollar retirement benefit is no doubt very pleasing. But at other firms, aging partners are less content with their arrangements….

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If you’re a gay employee and have a domestic partner who receives health benefits through your employer, you have to pay more in federal income tax — about $1,000 a year, on average. This is because federal law, thanks to the Defense of Marriage Act (DOMA), doesn’t recognize same-sex marriages. As a result, the feds treat employer-provided health benefits for domestic partners as a form of taxable income (if the partner is not considered a dependent).

(Note, however, that this could change. A federal judge in Boston recently struck down part of DOMA. Stay tuned to find out what happens on appeal.)

Earlier this month, we wrote about a perk that Google extends to its gay employees who find themselves in this situation. As reported by the New York Times, Google “essentially [covers] those costs, putting same-sex couples on an even footing with heterosexual employees whose spouses and families receive health benefits.” Google makes an extra payment to gay employees to make up for the increased tax burden — a perk that we dubbed “Google’s gay gross-up.”

We asked you, our readers, if any legal employers also offer this benefit. As it turns out, several do.

Find out which employers provide this perk — and vote in a poll on its fairness, which was hotly debated in the comments to our prior post — after the jump.

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It’s good to be gay at Google — or a “Gaygler,” as they call themselves. And not just because the company sometimes has a float in the San Francisco Pride parade.

The New York Times recently reported:

[Last] Thursday, Google [began] covering a cost that gay and lesbian employees must pay when their partners receive domestic partner health benefits, largely to compensate them for an extra tax that heterosexual married couples do not pay. The increase will be retroactive to the beginning of the year.

“It’s a fairly cutting edge thing to do,” said Todd A. Solomon, a partner in the employee benefits department of McDermott Will & Emery, a law firm in Chicago, and author of “Domestic Partner Benefits: An Employer’s Guide.”

Why do gay and lesbian employees pay more in taxes to begin with?

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