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“I absolutely believe that managers were forcing higher merit increases, regardless of performance, in order to keep up with wage inflation and to keep talent.”

The opposition is now looking to appeal to France’s constitutional council, the highest constitutional body in the country, in order to block part or all of the law.

She advised employers to immediately begin assessing their current state to identify priority areas for improvement, as some actions may require a multi-step process in order to embed within the organization.

But if an organization’s coverage policy does not include coverage for early screenings, then at-risk younger workers won’t get the same benefit as older ones because they may have to pay co-insurance and/or a hefty co-pay in order to get screened, O’Neill said, adding that it may also discourage them from getting screened at all.

If the ruling stands, Congress could initiate new legislation or the Biden Administration could issue an executive order, she added.

Buyers today are a bit more likely to reserve a portion of the pool (known as dry powder), she notes, in order to discern who among the most critical employees is still a flight risk after the first set of retention awards.

President Trump has said he may soon sign an executive order that would permit federal agencies to explore the use of private-equity and private-capital investments in 401(k) plans.

But it must be done to ensure order is maintained in all of this.

For example, if performance ratings are not found to have an impact on promotion, a review of managerial guidance relating to the assignment of ratings and/or the selection of promotees might be in order.

Robert Russo of Bristol-Myers Squibb told me that BMS implemented a handful of company-wide days off during 2020 in order to combat burnout.