How startups compensate employees
All employees (including founders) must be paid in cash in amounts at least to satisfy the minimum wage laws established by federal and state laws. Many founders opt to go without compensation in the initial stages, but technically doing so is in violation of the federal and state wages laws. Employees may receive equity in addition to cash payments, but due to tax and other complexities it is generally not feasible to them equity in lieu of minimum cash wages. Although the market may reflect standard salaries for different types of positions, there is no requirement that employees receive any more than minimum wage, and the wages employees receive often depend on how large and established their employer is.
Companies will often employees equity (or to purchase equity) as part of their compensation package (but not in lieu of minimum wages). Depending on the success of the company, the equity may ultimately be worth more than the cash compensation the employee may otherwise have received. So equity is often an important recruiting mechanism and tool—especially where the company is cash strapped and needs to pay below-market cash wages. Equity compensation may also better align management goals with shareholder interests.
Employees have become more savvy about both their cash and equity compensation and base their compensation decisions on whether they believe their overall compensation package—cash plus equity—are competitive with what they should expect from a similarly situated employer in their industry. As a result, what is required to compensate the employee of your choice will vary based on market factors and the industry in which you operate. Read more about executive compensation in our CompStudy.
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- The right time to incorporate
- Determining the right type of entity to create
- Where to incorporate
- Defining “qualified to do business” and where to be qualified
- Who makes decisions for the company?
- How startups compensate employees
- Foreign employees and their need for a visa
- Who owns your IP
- Licensing IP from a university or hospital
- Retaining a license to your IP
- Non-competes with former employers
- Reserving shares under the company’s option plan
- Allocating equity among founders
- Vesting restrictions on shares held by the founders
- Vesting terms that make sense
- Accelerating vesting on a sale or termination
- Tax implications related to shares that vest
- Rules for foreign founders in the US on a student visa
- Who owns your IP
- Non-competes with former employers
- Take a good idea with you when you leave a company
- Retaining a license to your IP
- Founder compensation
- Founder employment agreements
- Vesting restrictions on shares held by the founders
- Accelerating vesting on a sale or termination
- Vesting terms that make sense
- Tax implications related to shares that vest
- Difference between options and restricted stock
- Tax differences between ISOs and NSOs
- Granting options vs. issuing restricted stock
- Advisory board setup and compensation
- Reserving shares under the company's option plan