The President is expected to sign into law the Worker Opportunity Act (S .2323) (see "Employee overtime", EC, V (5), 87). The Act excludes, for the purposes of overtime pay computations, any compensation derived from grants or rights relating to stock options, an employee stock purchase plan and stock appreciation rights. The Act does not exempt other forms of equity compensation, such as restricted stock or phantom stock, from overtime calculations.
Source: The text of the final version of S.2323 may be
viewed at http://thomas.loc.gov/cgi-bin/query/D?
c106:2:./temp/~c106ZfFhDQ: Epstein Becker & Green