Section 954 of the Dodd-Frank Act directs the SEC to require national securities exchanges to adopt listing standards so that listed, publicly held corporations must develop and implement policies to “claw back” executive compensation in the event of a financial restatement. The claw back would apply to incentive-based compensation granted to current and former executives for the three years preceding the restatement. Currently, the SEC has not proposed rules nor has any deadline for implementing such policies been set. Nonetheless, some experts in this area are recommending that publicly held corporations consider this issue when drafting current employment agreements with executives to avoid the need for amending such agreements later on and aid the later enforcement of such provisions. Since many of these policies have not yet been adopted, it is recommended that corporations consider including in employment agreements a statement that amounts paid under the agreement are subject to any policy on the recovery of compensation that the board or the corporation later adopts.

http://www.sec.gov/about/laws/wallstreetreform-cpa.pdf