NEW YORK CHAPTER

Employee ownership is generally associated with higher productivity, job stability, company survival, and broader sharing of wealth, which can help reduce inequality and improve economic resilience. While risks such as free-riding and financial exposure exist, evidence shows these can be mitigated through supportive policies like employee participation, training, and diversification. Given its potential benefits for both firms and society, many argue that public policies—such as tax incentives, supportive infrastructure, and legal frameworks—are justified to encourage wider adoption of employee ownership.

Research consistently shows that employee share ownership can improve company performance, especially when combined with wider employee participation in decision-making. Studies across the U.S. and U.K. found higher productivity, sales growth, return on assets, and shareholder returns among companies with share ownership plans compared to peers. Surveys also highlight cultural benefits, with employees reporting greater motivation, loyalty, job satisfaction, and alignment with company values.

A new bipartisan proposal, the SHARE Act, would give public companies a 3% corporate tax rate discount if they distribute at least 5% of their stock to the lowest-paid 80% of employees. Sponsors project the plan could transfer nearly $4 trillion in stock value to about 40 million middle-class Americans, helping narrow wealth inequality while boosting employee ownership and loyalty. Companies could offset share dilution through the tax break, and stock awards would be tax-deductible for businesses and tax-free for employees.

Foreign private issuers (FPIs), which accounted for over half of U.S. IPOs in 2024, benefit from lighter executive compensation disclosure requirements than U.S. domestic issuers, though these rules vary based on their home country’s regulations. To qualify as an FPI, a company must be non-U.S. incorporated and meet ownership or business-contact criteria, but that status is reviewed annually and may change. Despite more lenient requirements, FPIs should design executive compensation policies that align with shareholder expectations, anticipate potential regulatory changes by the SEC, and ensure compliance across all jurisdictions.

Recent global employment and tax updates include increased superannuation in Australia, new tax-free bonuses in Austria, and expanded employee share plan benefits in Italy and Japan, with similar startup-focused initiatives proposed in Luxembourg and New Zealand. Countries like Bosnia & Herzegovina and Slovenia are adjusting social security rates, while Japan simplifies securities laws to broaden employee equity access. Additionally, key compliance deadlines for employee share scheme reporting are approaching in the UK, Saudi Arabia, Australia, Vietnam, China, and other jurisdictions.